BASANT KUMAR Vs. INDRA SEN

JUDGEMENT

(1.) Being aggrieved by the judgment and decree date 5th April, 1997 passed by Second Additional Judge to the Court of District Judge, Hoshangabad in Civil Suit No. 9-A/1982, plaintiff/ appellant has preferred this appeal under section 96 of the Code of Civil Procedure.

(2.) It is undisputed that Respondents No. 1 and 7 were died during the trial before lower Court. Their respective legal representatives were brought on record. It is also undisputed that respondents No. 4, 5 and 6 remained absent after filing their written - statements, therefore, trial Court had proceeded ex parte against them. Respondent No. 8, State of Madhya Pradesh was formal party remained absent, trial Court had also proceeded ex parte against it. It is also undisputed that genealogy of Moolchand, husband of Baijanti Bai (predecessor in

(3.) Plaintiff /appellant Basant Kumar had filed a suit against defendant / respondent for declaration and permanent injunction of disputed land as mentioned in plaint of para No. 1. According to him, Baijantibai, widow of Moolchand, executed a registered gift deed of disputed land on 3-11-1980 (Ex. P/l). Since then plaintiff has possession over the disputed land. Disputed land was mutated in the name of plaintiff. According to plaintiff/ appellant, defendant/ respondent has no right, title or interest in the disputed land but on 2-7-1982 defendants/respondents 1 to 7 had interfered in the possession of plaintiff/ appellant, therefore, he filed the suit before the trial Court.