Indian Kanoon - Search engine for Indian Law

the suit.

5. The defendants contested the suit by filing written statement taking therein preliminary objections regarding maintainability, cause of action, court fees, jurisdiction and suppression of material facts. On merits, it was submitted that defendant No.4 has rightly executed the sale deed in favour of the defendant No.1 and since then defendant No.1 is owner in possession of the house constructed on the portion of the suit land. It was denied that defendant No.1 has purchased the house consisting of single storey and defendant No.1 is residing in that house right from the date of purchase of that house. Defendant No.4 has rightly executed the sale deed in favour of the defendant No.1 and the mutation of the sale deed has been attested in favour of defendant No.1 and since then defendant No.1 is residing in that house. Defendant No.4 has rightly sold the suit land to the extent of his share allotted to him in a family arrangement, whereupon he had constructed his house and this fact was in the knowledge of the plaintiff. The possession of the house constructed over the suit land has rightly been delivered to defendant No.1 and defendant No.4 has rightly put defendant No.1 in possession of that house which was .