(1.) This appeal under O.43, R.1(r) of the Civil Procedure Code, 1908 (for short 'the C.P.C.') is directed against the order dated 9-9-1988 passed by the Vth Additional Judge to the District Judge, Ujjain in Civil Suit No. 24-A of 1988 for declaration of title to the property in dispute and for permanent injunction restraining the appellant from disturbing the possession of the respondents Nos. 1 to 3, whereby their application under O.39, R.1 ibid has been allowed.
(2.) It is not in controversy that the disputed property comprising of a shop on the ground floor with two rooms behind, forms part of a building which initially belonged to one Badrinarayan, the deceased father of the respondents 1 to 3. The said Badrinarayan on 19-7-1952 mortgaged with possession the property in dispute. As mortgage money was not paid a suit for sale of the mortgaged property was instituted. In the suit a preliminary decree was passed on 24-4-68 and was followed by the final decree for sale passed on 4-1-1969.
(3.) The final decree for sale of the mortgaged property was purchased by one Asgarali in 1969. According to the present appellant the said Asgarali on 7-8-1982 inducted him in the property in dispute as tenant on monthly rent for a period of 11 months but later the respondents dispossessed him of the property on 11-8-82. On the report dated 11-8-82 lodged with the police in respect of the occurrence of dispossession a crime was registered under S. 448 of the I.P.C. against the respondents 1 to 3.
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