KESAR BAI Vs. GENDA LAL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur in Second Appeal No. 8 of 1999, the original defendant has preferred the present appeal.

(2.) The facts leading to the present appeal in nutshell are as under:-

(3.) Learned counsel appearing on behalf of the appellant - original defendant No.1 has vehemently submitted that as such the plaintiffs filed the suit for declaration claiming ownership/title on the basis of the registered Sale Deed dtd. 31/8/1967 (Ex.P.1.) and also claimed the ownership by adverse possession. It is submitted that all the Courts below had negated the claim of the original plaintiffs on the basis of the registered sale deed. It is submitted that thereafter the only question on behalf of the plaintiffs was the claim on the basis of the adverse possession. It is submitted that in the impugned judgment and order, the High Court has though held the substantial question of law on adverse possession in favour of the appellant by observing that the plea of ownership based on sale deed and plea of adverse possession, both, are contrary to each other and plaintiffs cannot be permitted to take the same plea at the same time, thereafter the High Court has dismissed the appeal and confirmed the judgment and order passed by the First Appellate Court decreeing the suit for title and also passed the decree for permanent injunction.