RAJU Vs. AWDESH

JUDGEMENT

(1.) Short facts, leading to the present writ petition are that the Plaintiff-Petitioners have instituted a suit for declaration of title and perpetual injunction, mainly with the averments that they were Bhumi-Swamis and occupants of the land comprised in survey Nos. 1221,1222, 1223, 1224, 1225 and 1226 in area 3.53 hectares, situated at village Bhonti, Tahsil Pichhore, District Shivpuri. Out of the aforesaid, Plaintiffs sold undivided one-third, i.e. 1.17 hectares, vide registered sale deed dated 29.10.2005 to Defendants No. 1 and 2.

(2.) Case of the Plaintiffs is that a well comprised in survey No. 1224 was not sold by them and no consideration in respect of the same was received by them. Partition was effected after the aforesaid sale between the Plaintiffs and Defendant-Respondents No. 1 and 2 on 20.2.2010. Defendants No. 1 and 2 asserted one-third share in the said well. Thereafter, the suit giving rise to the present petition has been instituted with a prayer that it may be declared that the well situated in survey No. 1224 is owned and occupied by the Plaintiffs alone. They further prayed that Defendants No. 1 and 2 shall not cause obstruction in the Plaintiff's title and possession over the disputed well.

(3.) Plaintiffs, simultaneously, submitted an application for temporary injunction for restraining Defendant-Respondents No. 1 and 2 from causing obstruction in the Plaintiff's possession over the disputed well.