LAWS(MPH)-2011-7-2

KAWAL SINGH Vs. SEMBAI

Decided On July 15, 2011
KAWAL SINGH Appellant
V/S
SEMBAI Respondents

JUDGEMENT

(1.) This second appeal has been filed at the instance of defendants. The suit of plaintiff for declaration of Bhumiswami right and injunction in respect to certain agricultural land has been decreed by learned trial Court and the first appeal which was filed by defendants has been dismissed by the impugned judgment and decree.

(2.) No exhaustive statements of fact are required to be narrated for the purpose of disposal of this appeal. Suffice it to say that a suit for declaration and injunction in respect to certain agricultural land which is the subject-matter of the suit and description whereof has been mentioned in the plaint, has been filed by the plaintiff on the averments that she never gave any consent in the Revenue Court to get the name of defendant Kawal Singh mutated in the Revenue record. It has also been pleaded by plaintiff that illegally the order has been obtained by the defendants for partition from the Revenue Court and the said order be set aside. A decree of injunction has also been sought that the defendants should not interfere in the possession of plaintiff-Sembai.

(3.) The suit was resisted by defendants 1 and 2 by filing a joint written statement.