DEWA Vs. KANA

JUDGEMENT

(1.) THIS second appeal was admitted for its final hearing on the following substantial question of law : ' 'Whether in the facts and circumstances of the present case, the possession of plaintiffs over the land in dispute could not be regarded to be adverse in character?"

(2.) THE appellant-plaintiffs have filed this second appeal against the judgment and decree dated 24th March, 1981 passed by III Additional District Judge, Ujjain in Civil Regular Appeal No. 2-A of 1979, whereby dismissed the appeal of the appellants-plaintiffs confirming the judgment and decree granted by the trial Court regarding dismissal of the plaintiffs' suit for declaration and injunction.

(3.) THE trial Court has held that the property in dispute is a joint property and there was no partition and, therefore, appellant-plaintiffs cannot get a decree for declaration on the basis of exclusive possession and injunction being co-sharer in the property and dismissed the suit.