SMT. MAMTA AGRAWAL, WIFE OF LATE DR. PREM PRAKASH AGRAWAL Vs. GHANSHYAM, SON OF LATE KRIPARAM SURYAVANSHI

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 18/1/2019 passed by the 5th Additional District Judge, Bilaspur, District Bilaspur in Civil Suit No. 765-A/2010 whereby the suit was dismissed. The present appeal is by the plaintiffs.

(2.) The appellants herein instituted a civil suit claiming declaration and permanent injunction stating that they are the lawful owner have acquired part of land bearing Khasra No. 607/12 & 607/13 and the preliminary decree in earlier Civil Suit No. 3-A/1970 in between Ghanshyam & others v. Kriparam & others dtd. 2/2/1973 followed by final decree dtd. 9/3/2007 would not be binding on the plaintiffs to the extent that they have purchased the property in the year 1998 comprised in said decree.

(3.) Case of the plaintiffs was that they purchased the suit property by two different sale-deeds i.e. 24/8/1998 in respect of part of property bearing Khasra No. 607/2, admeasuring 700 sq.ft. (Ex.P-9) and another part of the property bearing Khasra 607/2 by sale deed dtd. 25/8/1998 (Ex.P-10) from Devajirao Humne for a valid consideration. The total property purchased by two sale-deeds comprised of 3052 sq.ft.. In respect of the said land, a judgment, preliminary decree and the final decree was passed by the Court of District Judge, Bilaspur in Civil Suit No. 3-A/1970 whereby said property fell into the share of respondents and who sought execution of such final decree against the plaintiffs for partition & possession. The plaintiffs stated that in an earlier proceedings of civil suit, the part of the property, which was purchased by the plaintiffs stands excluded for adjudication, therefore, the purchases were made and subsequent thereto they have constructed their residents and Nursing Home over such property of 3052 sq.ft.