Permod Kohli, J. - (1.) HEARD . Following substantial questions of law arise in the present appeal: 1. Whether the plaintiff could claim the possession of the property from the defendants in view of the execution of the sale deed though unregistered accompanied with delivery of possession and receipt of entire sale consideration.
(2.) WHETHER the entry of possession in Jamabandi with regard to the constructed portion can raise a presumption of possession. Appeal is admitted. In view of the above substantial questions of law appeal is heard finally. 2. Respondent plaintiff filed a suit for possession against the appellants here in respect of land measuring 7 Marias Khewat No. 243, Khata No. 450 Khasra No. 83/13 situated in village Aterna, Teh. and Distt. Sonepat. It was alleged in the plaint that the father of the plaintiff namely Dalu Ram was allotted the suit property and after his death the plaintiff became the owner of the plot on 15.09.1975. Defendants attempted to take forcible possession and plaintiff filed a suit for permanent injunction and during the pendency of the suit defendants got the possession forcibly on 03.11.1976, thus suit for permanent injunction became infructuous. Defendants, however, contended that the suit plot was purchased by the defendants from the father of the plaintiff vide document dated 05.07.1963 for Rs. 500/ -(Receipt Ex.D2) it was also pleaded that the possession of the property was handed over to the defendants in the presence of the witnesses. The defendants also pleaded that the suit is not within limitation. Trial Court framed following issues: 1. Whether the plaintiffs not owner of plot No. 83/13 as detailed in para 1 of the plaint? If so, whether Surji Girwar, Bhartu, Dal Chand and Bhanwar Singh purchased the said plot on 05.07.1963 from the father of the plaintiff? OPD 2. Whether the defendants have taken illegal possession of the above said plot from the plaintiff? OPD 2a. Whether the suit of the plaintiff is within limitation? OPD (Receipt on 27.07.1978) 3. Relief.
(3.) PLAINTIFF placed on record copies of Jamabandies Ex.P 1 to P5 for the period from 1955 -56 to 1973 -74 wherein Dalu Ram was shown as the owner of the suit property. Defendants produced Udai Singh DW1, Ram Chand DW2, Ranjit Singh DW3, Har Kishan DW4. All these witnesses deposed that late Dalu Ram executed sale deed Ex.D2 and sold suit plot to the defendants for consideration of Rs. 500/ - and the possession of the property was also delivered to them.;