Judgment

R.C. Lahoti, J.-In Mauza Saharanpur @ Jindapur of Pargana Haveli, Tehsil Sadar, District Gorakhpur there is an open piece of land over a part of which or adjoining to which there is some built-up property which is a lime factory known as ‘Karkhana’. It is not clear whether the ‘Karkhana’ is situated over the land which is the property forming subject matter of the present proceedings or is situated by the side of the present proceedings or is situated by the side of it. However, as the facts stated shortly hereinafter would show that aspect of the amtter is immaterial for the purpose of these proceedings. It is not in dispute that on 18.7.1956, the ‘Karkhana’ has been transferred by way of sale by Phool Chand to Thawar Das. On the same day another agreement was entered into between the parties. The agreement is reproduced hereunder :

“We are Thawar Das s/o Shri Girdhari Mal r/o Mohalla Jaya Shankar Ka Pokhra, city of Gorakhpur Ist party and Phool Chand s/o Shri Mukhram r/o Mohalla Kharayya Ka Pokhra. We the second party have sold all our business al kinds of Karkhana and goods including the building and quarter, belt and engine, two centigator and Lahorekhana which is situat