- (1.) This is second appeal by legal representatives of plaintiff No.1 and by plaintiff No.2 having failed in both the Courts below. Plaintiffs alleged that their father Mal Singh was in possession of the suit land measuring 1 bigha 8 biswas for the last 50 years. Mal Singh died about 20 years before filing of the suit and since then, plaintiffs are in possession thereof. Plaintiffs claimed that they have become owners of the suit land by adverse possession. It was also pleaded that previous owners Ram Saran and Rameshwar (defendants No.8 and 9) were not heard of for the last 50 years and are presumed to have died. It was, therefore, pleaded that alleged power of attorney dated 11.08.1999 executed on their behalf in favour of defendant No.2 and consequent sale deed dated 12.08.1999 executed by defendant No.2 in favour of defendant No.1 regarding the suit land are null and void etc. Plaintiffs also sought permanent injunction restraining defendant No.5, who has allegedly taken the suit land on lease from defendant No.1, from interfering in peaceful possession of the plaintiffs over the suit land and from dispossessing them therefrom.
(2.) Only defendants No.1, 2 and 5 contested the suit whereas the remaining defendants were proceeded against ex parte. Contesting defendants defended the power of attorney, sale deed and lease deed in question to be legal and valid. Plaint averments were broadly controverted. It was alleged that defendant No.1 has become owner of the suit land which is now in possession of defendant No.5 as lessee.
(3.) Both the Courts below have dismissed the suit of the plaintiffs, who have, therefore, filed this second appeal.;