LAWS(MPH)-2011-8-159

RAMESHWAR Vs. BADRILAL

Decided On August 25, 2011
RAMESHWAR Appellant
V/S
BADRILAL Respondents

JUDGEMENT

(1.) THE unsuccessful plaintiff who has lost from both the Courts below has taken the shelter of this Court by filing this appeal under Section 100, CPC.

(2.) A suit for injunction has been filed by plaintiff on the averments that he bought the suit property, which is agricultural land and description whereof has been mentioned in the plaint, from Badrilal vide registered sale-deed dated 5-10-1989 and obtained the possession of the suit property. On 13-6-1990 when the plaintiff was not in the village, the defendant Nos. 2 and 3 by taking help of 10-12 anti-social elements ran over the tractor on the crop, which was sown by the plaintiff and a report in the police station was also lodged to that effect and, therefore, basing this date to be a cause of action since defendants tried to interfere into his possession, the plaintiff filed a suit for injunction against his vendor Badrilal arraying him as defendant No. 1 as well as his wife Sumanbai as defendant No. 2 and against one Hiralal also as defendant No. 3.

(3.) LEARNED Trial Court framed necessary issues and after recording the evidence of the parties, dismissed the* suit of the plaintiff holding that he is not in possession of the suit property. The first appeal which was filed by him, has also been dismissed.