JUDGMENT

Amit Rawal, J. - This order of mine shall dispose of two regular second appeals bearing RSA No.3144 of 2017 titled as "Madan and another vs. Ram Narayan Singh and another at the instance of the defendants and RSA No.6343 of 2017 titled as "Ram Narayan Singh vs. Prem Bai and others, at the instance of the plaintiff. Both the appeals are directed against the judgment and decree of the lower Appellate Court dated 04.01.2017, whereby the suit of the plaintiff, though dismissed by the trial Court, has been decreed in part.

2. The plaintiffs sought the declaration by challenging the mutation No.1960 of deceased Champa Devi, sanctioned in favour of Prem Bai, to be illegal, null and void and not binding on the rights of the plaintiff, with consequent relief of permanent injunction restraining the defendants from alienating the property in any manner. It was alleged that the plaintiff and his son, were owner in possession and in cultivation of the land, but the defendants had no concern as they neither cultivated or remained in possession. Uncle of the plaintiff, namely, Kalu Ram, who was married to Champa Devi, died issueless and after his death, the property was inherited by his w