LAWS(MPH)-2020-3-180

TETIYA Vs. BADIYA

Decided On March 04, 2020
Tetiya Appellant
V/S
Badiya Respondents

JUDGEMENT

(1.) Heard on admission. The appellants have filed the present appeal against the judgment and decree dated 08/02/2019 passed by District Judge, District-Jhabua in Regular Civil Appeal No.36-A/2017, whereby confirming the judgment and decree passed by the I Civil Judge, Class-II, District-Jhabua in Civil Suit No.4-A/2016.

(2.) Short facts of the case are that a suit was filed by the appellants/plaintiffs against the respondents/defendants for declaration of title and recovery of possession with mesne profit in respect of agricultural land bearing survey No.82, 87, 292, 299 and 322 having total area 2.380 hectares situated at Village-Jheeri, Tehsil and District-Jhabua. The appellants have pleaded various grounds in the suit and claimed for allowing the same. After notice to the respondents, the suit was contested by the respondents denying all the averments made in the suit. The said suit was contested by respondents and pleaded that the averments made in the plaint are false. After hearing the parties, learned trial Court dismissed the suit, against which appellants have filed the appeal, which was also dismissed by the learned appellate Court. Being aggrieved by the said judgment and decree, the appellants have preferred the present appeal.

(3.) Learned counsel for the appellants argue that both the Courts below have erred in dismissing the suit. He further submits that both the Courts below have ignored the pleadings made by the appellants and documents have been filed by the appellants, therefore, the finding of the Appellate Court is perverse which is against the evidence available on record. He further argues that as per the settled law, the respondents have to prove their case beyond reasonable doubt, but in the present case, both the Courts below have dismissed the suit and appeal. Thus, in the light of the aforesaid, he submits that the appeal deserves to be admitted on the substantial questions of law proposed by the appellants.