Vineet Kothari, J. - (1.) THESE connected first appeals under Section 96 CPC are being disposed of by this common judgment. The facts are taken from S.B. Civil First Appeal No. 120/1988 - Nathuram and Anr. Vs. Pukhraj Mahendra Kumar and Anr.
(2.) THE defendants Nathuram and Prabhu Ram both sons of Moti Bhil, the two brothers have filed the present two first appeals under Section 96 of the Civil Procedure Code, aggrieved by the judgment and decree of the learned District Judge, Sirohi dated 15.07.1988 in Civil Suit No. 146/1984 (46/1982) - Pukhraj Mahendrakumar Vs. Shri Jetha, Shri Prabhuram and Shri Nathuram. The suit was filed for mandatory injunction and for possession of a plot of land measuring 330 feet x 132 feet, which was purchased by the plaintiffs from seller Bharat Kumar S/o. Smt. Shanti Bai for Rs. 7,000/ - on 22.10.1969 by registered sale deed. The suit was decreed in favour of the plaintiffs by the learned trial court and the defendants Shri Jetha S/o. Lalaji (uncle of Nathuram) and Nathuram and Prabhuram, and the defendants -Prabhuram and Nathuram were directed to hand over the possession of the suit land in question to the plaintiffs . While deciding the issue No. 1 about the title and the rightful possession of the plaintiffs since 1969, the learned trial court returned the following findings: -
(3.) THE defence set up by the defendants about their own title on the said plot claiming it to be falling within Khasra No. 1081, the learned trial court held against the defendants that the defendants had no right, title or interest even over that land of Khasra No. 1081 and they had waived their rights by giving an application before the learned Sub Divisional Officer, Sirohi on 01.09.1975 that the land of Khasra No. 1081 was also wrongly entered in their name and the entries may be corrected and the recovery of revenue (lagaan) from them may be stopped. The sale in favour of the plaintiffs was in Khasra No. 1080 of the aforesaid plot. But since the defendants unauthorizedly entered into that suit land, therefore, the relief of possession was also claimed by the plaintiffs. The findings of the learned trial court on issue No. 4 are also quoted below for ready reference: - The decree passed by the learned court below is also quoted below for ready reference: - ;