R.R.YADAV,J. - (1.) THE instant first appeal is directed against the judgment and decree dated 5.2.1980 passed by the learned District Judge, Merta in civil suit No. 5/73.
(2.) THE fact of the present case lies in a short campus. Shri Kamalchand, since dead, and his son Ratanchand filed the above suit Inst. the opulent and his brother Shri Jagdish, respondent No. 3 on the round inter -alia that the plaintiff Kamalchand purchased disputed land from Shri Mahphoo Khan for Rs. 2,500/ - by a registered sale -deed on 30.8.1950. It was then stated that Shri Mahphool Khan handed over the Patta of the sia land (Ex.3) to Shri Kamalchand at the time of the sale. It was then alleged that Kamalchand got the pata renewed (Ex.1) in his name and in the name of his son Shri Ratanchand and, therefore, it was alleged that Shri Ratanchand had been made a plain tiff in the above suit. It was further averred that the above land was delivered to the defendants in Sept., 1967 for temporary use on their request and when the plaintiff demanded the possession of the land from the defendants they refused and instead of handing over possession sent a notice alleging that they are in possession in part performance as contemplated Under Section 53A of the Transfer of Property Act. After receiving the aforesaid notice from the defendants the plaintiff immediately revoked the licence and possession of the disputed land was demanded. After service of summons the defendants contested the above case by filing a joint written statement. Practically the defendant -appellants denied the plaint allegation. They also denied in their written statement that they had obtained possession of the land in dispute by way of licence. It was also stated in their written statement that Kamalchand put the defendant No. l Gangaram into possession of the disputed land in pursuance of the oral agreement and as such the defendants had set up a plea of part performance as contemplated Under Section 53A of the Transfer of Property Act.
(3.) ON the basis of the aforesaid pleading of the parties the learned District Judge, Merta framed the following issues: .........[vernacular ommited text]...........;