GULAM MOHAMMAD Vs. MAHFOOJ KHAN

JUDGEMENT

(1.) This second appeal has been preferred by the appellants, being aggrieved by the judgment and decree dated 28/1/2021 passed by the First Additional District Judge, Lakhnadon, District Seoni in Regular Civil Appeal No. No. 62/2018, whereby the learned First Additional District Judge has affirmed the judgment and decree passed by Civil Judge Class-I, Lakhnadon, District Seoni in Civil Suit No. 253A/2009 on 26/11/2018.

(2.) Original plaintiff (Gulam Mohd.) and defendant No. 1 -Mehfooj Khan and Mahmood Khan (who is husband and father of defendant Nos. 2 and 3 respectively) were real brothers and sons of Chunnu Khan. Said Chunnu Khan had agricultural properties. The partition of ancestral property was executed amongst three sons of Chunnu Khan about 20 to 25 years prior to the date of filing of suit. In such partition, all the brothers received house and agricultural lands in their respective shares. They also have ancestral property viz. house and agricultural land in village Barbaspur. Plaintiff received agricultural land of village Barsala. According to plaintiff, he became owner of Khasra No. 110 admeasuring 2.350 hectare of village Barsala before the partition on the basis of registered sale deed and since then he was owner in possession of the same. After family partition, amongst brothers in the year 2009 the defendants took illegal possession of 2/3rd share of the property belonging to the plaintiff.

(3.) Plaintiff filed a Civil Suit No. 92A/10 against the defendants for vacant possession and mesne profit pleaded that he is owner in possession of Khasra No. 110 before the aforesaid partition on the basis of a registered sale deed and therefore, he is entitled to vacant possession of disputed property and mesne profit @ Rs. 10,000.00 per annum each as the defendants are earning from the disputed property by carrying out agricultural activities.