CHANDRA BHAN Vs. PAMMA BAI

JUDGEMENT

(1.) Ram Nihore, who has since died and who is now represented by the present respondents, had instituted a suit for permanent injunction against the appellant pleading, inter alia, that he was the bhumiswami of the land in question which was earlier in the cultivatory possession of his father and that the defendant was liable to be restrained from interfering with his possession. It was also pleaded in the alternative that if he was found to be not in possession of the land in question a decree for possession may also be passed in his favour.

(2.) The appellant who was defendant in the suit denied the title of Ram Nihore and pleaded that the land in question was given to him on patta by the Pawaldar and that he was in continuous possession over that land and had acquired "bhumiswami" rights under the provisions of M. P. Land Revenue Code.

(3.) On the basis of the evidence adduced by the parties, the trial court came to the conclusion that plaintiff was not the land owner nor was he in possession over that land.