ALOK SHARMA,J. - (1.) Heard the counsel for the defendants-appellants (hereafter 'the defendants') as also the plaintiffs-respondents (hereafter 'the plaintiffs') and perused the impugned judgment dated 16.5.2017 passed by Addl. District Judge No. 4, Kota in Civil Appeal No. 22/2011 affirming the judgment and decree dated 5.3.2011 passed by Civil Judge (Jr. Division) North, Kota in Civil Suit No. 455/1992 whereby the plaintiffs' suit for possession and mesne profit was decreed.
(2.) Mr. J.P. Goyal appearing for the defendants submitted that the judgments passed by the courts below are vitiated in law, wholly perverse and liable to be set-aside. Mr. J.P. Goyal submitted that the plaintiffs' ownership of the suit property on the basis of registered sale deed dated 3.3.1981 purportedly in favour of the plaintiffs was no event as it was in cross-hairs of section 54 of the Transfer of Property Act accompanied as it was not by the plaintiffs' being put in actual physical possession of the suit property. It was submitted that the plaintiffs' therefore had no legal right over the suit property and hence the suit for possession and mesne profits at their instance was not itself maintainable.
(3.) Considered.;