RIMMO Vs. KISAN

JUDGEMENT

(1.) The present appeal has been filed at the instance of the defendants challenging the judgment and decree dated 23-4-1991 passed by the Second Additional Judge to the Court of District Judge, Chhindwara in Civil Appeal No. 6-A/1991 arising out of the judgment and decree dated 29-1-1991 in Civil Suit No. 10-A/1990.

(2.) The facts leading to this appeal are that the plaintiff-respondent No. 1 herein filed a civil suit for possession and permanent injunction. The suit was filed on the ground that there had been a decree in their favour passed on 29-4-1975 in Civil Suit No. 155-A/1973 by the Third Civil Judge, Class-II Chhindwara for the specific performance of the contract. Pursuant to the said decree, land in question was transferred in favour of the plaintiff-respondent. Since the appellant-defendants were disturbing the possession of the respondent plaintiff, therefore, civil suit was filed by the plaintiff for permanent injunction and possession of the land and according to the plaintiff they were dispossessed by the defendants. Civil suit was decreed in favour of the plaintiff and against which an appeal was preferred by the defendants before the first Appellate Court and the first Appellate Court also affirmed the judgment and decree passed by the trial Court and against which the second appeal has been filed before this Court.

(3.) The appeal has been admitted on the following substantial question of law :