VIRENDRA KUMAR Vs. JAI KISHOR

JUDGEMENT

(1.) 1. Kishore and Vinay Kumar Diwan had filed a civil suit be- fore the Court of Civil Judge Class-I, Itarsi bearing No.1-A/05. Suit is filed for declaration of title over khasra No.568/1 and for passing de- cree of permanent injunction restraining the defendants from interfer- ing with the suit land themselves or through their agents and to get possession over the suit property.

(2.) It was averred by the plaintiff that defendant namely Virendra Kumar had filed a Civil Suit before Civil Judge Class-I Hoshangabad for declaration of title and possession over khasra No.568/1. He had also challenged registered sale-deed dated 13/05/1929. Said suit was registered as Civil Suit no.118-A/85. On 26/04/90 trial Court dismissed the suit filed by defendant no.1. Later on, appeal was preferred against said judgement and decree which was registered as 9-A/99. Said appeal was also dismissed vide judg- ment and decree dated 22/12/2000. On the basis of said judgement and decree plaintiffs had prayed for declaration of title and also pos- session over the land in question.

(3.) Learned trial Court has decreed the suit of the plaintiff on the basis of earlier suit and said judgement and decree has also been affirmed by the appellate Court.