JAI SINGH Vs. DOMAN SINGH.

JUDGEMENT

(1.) The matter is listed for final hearing. However, no one appears on behalf of the respondent/plaintiff, though served and represented. On 14-12-2007, 17-1-2008 and 4-2-2008 also none appeared for the respondent/plaintiff. Therefore, the petition is heard in absence of the respondent/plaintiff.

(2.) The respondent/plaintiff has instituted a suit (Annexure P/1) for declaration of title and permanent injunction in respect of the suit land and also filed application for temporary injunction in the above suit. The application for temporary injunction was rejected vide order dated 20-2-2007 (Annexure P/5) passed by the Civil Judge, Class-I, Mungeli with the findings that the suit land was transferred by the plaintiff through his father as natural guardian by registered sale deed in the year 1979, the plaintiff attained majority in the year 1988, however, he did not institute suit within three years of attaining majority; the suit was filed in the year 2006 and the sale deed contains recitals that possession of the suit land was handed over to the defendants. Demarcation report submitted by the plaintiff does not show that he is in possession over the suit land whereas the mutation register for the year 1981 filed by the plaintiff shows that names of the defendants are recorded over the suit land. The land in question has been subsequently transferred by the defendants Nos. 1 and 2 in favour of the defendants Nos. 3 to 5 and thus, the plaintiff has failed to establish prima facie case in his favour.

(3.) The respondent/plaintiff preferred miscellaneous appeal against the order dated 20-2-2007 passed by Civil Judge, Class-I, Mungeli. The learned Additional District Judge, Mungeli, vide order dated 30th Aug., 2007 (Annexure P/7) allowed the appeal and passed the order of temporary injunction to the effect that the defendants shall not interfere in the possession of the plaintiff over his suit land till final disposal of the suit.