- (1.)This is a first appeal under Sub-Sec. (1) of S.96 of the C.P.C., 1908. It has been filed by a defendant from the judgement and decree dated 24th Nov. 1977 passed by the Additional District Judge, Sheopurkalan, in C.S. No. 9-A/1977 (filed on 25-7-1974) declaring respondents Babulal and Omprakash owners of the upper storey of a house (described in plaint para-1) situate at Sheopurkalan and ordering delivery of possession of the same to the respondents.
(2.)The facts, no longer in dispute, are as follows : Appellant Ramdas Gupta's paternal uncle Brindawan executed a registered sale deed dated 24-3-1960 (Ex. P. 3) in favour of the respondents for consideration in respect of the ground floor of the aforementioned house situate at the Main Road, Moti Katle Bazar Khaas, Sheopurkalan. On 12-7-1960 Brindawan executed a registered sale deed (Ex. P.-4) for consideration in favour of the respondents in respect of the remaining moiety of the aforementioned house i.e. its first and second floors.
(3.)Brindawan died issueless in the year of 1962 survived by his widow Shrimati Kamlabai.