RAJNARAYAN SHARMA Vs. SIRNAM SHARMA AND OTHERS

JUDGEMENT

(1.) This appeal arises out of the impugned judgment dated 12.12.2005 passed by the High Court of Madhya Pradesh, Bench at Indore in Second Appeal No. 189/1999, setting aside the judgment passed by the Additional District Judge, Gohad in C.F.A No. 65/98, consequently confirming the judgment and decree passed by the Civil Judge, Class-I, Gohad in Civil Suit No. 8-A/87. In effect, the High Court, by the impugned judgment, has restored the judgment of the trial Court, decreeing the suit, filed by the plaintiffs. Order of review dated 04.12.2006 passed by the High Court has also been challenged in this appeal.

(2.) The plaintiffs (respondent nos. 1 and 2 herein) filed Civil Suit No. 8-A/87 for declaration of title and injunction, and for cancellation of the sale deed dated 16.7.1984 (exhibit D-2), executed by Bansi(Banshi) in favour of defendant no.1-Raghunath, as well as, sale deed dated 21.9.1989(exhibit D-1), executed by defendant 1-Raghunath in favour of Rajnarayan Sharma (appellant herein) in respect of the land bearing survey(new) numbers 123, 322, 426, 863, 1375 and 1413, admeasuring 7 Bighas 17 Biswas, situated in the village Chandhara, Tehsil Gohad, District Bhind, Madhya Pradesh (hereinafter referred to as the 'suit land').

(3.) The trial Court, after framing the issues, recording the evidence and hearing the parties, decreed the suit filed by the plaintiffs. As mentioned supra, the first appellate Court reversed the judgment and decree passed by the trial Court and dismissed the suit filed by the plaintiffs, concluding that the plaintiffs have neither proved their ownership nor possession over the suit land. The High Court, while allowing the appeal filed by the plaintiffs in part, concluded that the plaintiffs have got no right, title or interest whatsoever over the suit land, but are in possession of the property and therefore they cannot be dispossessed, except in accordance with law. The plaintiffs have not assailed the impugned judgment of the High Court holding that they do not have any right, title or interest whatsoever over the suit land and therefore the said finding of the High Court has attained finality and is binding on the parties.