Deepak Gupta, J. - This appeal under Order 43 Rule 1-r of the Code of Civil Procedure is directed against the order dated 29.4.2005 passed by the learned District Judge, Bilaspur in CMP No. 138 of 2005.

2. The facts necessary for the decision of the case are that the respondents (hereinafter referred to as the plaintiffs), filed a suit for declaration that they are owners in joint possession in equal shares of land measuring 4.5 bighas comprised in Khewat No. 29, Khatauni No. 22, Khasra No. 3, situated at village Bhatoli, Pargana Bahadurpur, Tehsil Sadar, District Bilaspur, H.P. and for permanent prohibitory injunction restraining the appellant (hereinafter referred to as the defendant) not to interfere in the peaceful ownership and possession of the plaintiffs in the suit land.

3. The appellant took up the plea that Lekh Ram, the predecessor-in-interest of the plaintiffs had sold the suit land to the defendant and handed over the possession of the property to the defendant. It was also averred that in case it is held that the sale deed in question should not be relied upon because the same had not been registered, then the defendant having been in possession since 1997 had