Hemant Gupta, J. - (1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the learned Courts below arising out of a suit for possession in respect of site in dispute along with Kotha constructed on it situated within the abadi of the village.
(2.) THE plaintiff filed the aforesaid suit for possession on the ground that only agricultural land was sold to the defendants vide registered sale deed dated 17.06.1995, Exhibit D -1, but the defendants have taken possession of the residential house consisting of one Kotha situated in village Abadi as well. Since the said construction was not sold to the defendants, the plaintiff was entitled to the possession of the same. Both the Courts below decreed the suit holding that the said construction was not sold to the defendants vide sale deed Exhibit D -1. Earlier, this appeal was dismissed by the Court but the matter has been remitted for fresh decision by the Hon'ble Supreme Court. I have heard learned Counsel for the appellant on the following substantial question of law: Whether the judgment and decree of the Courts below are vitiated being based upon misreading of document i.e., sale deed dated 17.06.1975, Exhibit D -1?
(3.) AS per plaintiff, he has sold his agricultural land to the defendants and after selling the same, he purchased agricultural land in village Sherpur. The residential house as described in the heading of the plaint was never sold.;