SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1972 Supreme(Pat) 128

S.SARWAR ALI
Jugal Kishore Singh – Appellant
Versus
Sheonandan Singh – Respondent


Judgment

S.Sarwar Ali, J.

1. This second appeal is by the plaintiffs. They filed the suit for specific performance of contract and for-confirmation of possession and, in the alternative for recovery of possession. Various pleas were raised in the written statement filed by defendants 4 to 6. One of the issues framed in the suit on the basis of the pleas raised by the parties was issue No. 4, which was as follows:

"Is the survey entry with respect to the suit lands incorrect? Whether the lands of Khata No. 136 belonged to defendants Nos. 4 to 6 and Dipan Singh and was in their possession?"

2. The plaintiffs claimed title on the basis of a sale deed executed by defendants 1 to 3 (defendants first party) on the 21st April, 1962 for a sum of Rs. 250/-. . According to defendants second party, namely defendants 4 to 6, the land of Khata No. 136, which was the subject-matter of the suit, did not belong to the defendants first party and it belonged to them and was in their possession. According to them, the entry in the survey record-of-rights was incorrect.

3. The trial Court, on a consideration of the entire evidence in the case, came to the conclusion that the plaintiffs were in possessi











Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top