LAWS(MPH)-2002-11-54

BHAILAL Vs. RAM KUMAR

Decided On November 27, 2002
Bhailal Appellant
V/S
RAM KUMAR Respondents

JUDGEMENT

(1.) THIS is a revision by the plaintiffs against the order by which the appeal of the defendants under Order 43 Rule 1 (r) CPC has been allowed and the order of temporary injunction issued by the trial Court in favour of the plaintiffs has been vacated.

(2.) IT is not in dispute that the lands in dispute Khasra No. 308 and 309 of village Bhatigawan, Tahsil Maihar were the ancestral property of two brothers Sudarshan and Sarman. The plaintiffs are heirs of Sudarshan and the defendants No. 1 and 2 are sons of Sarman. There had been partition between the two brothers about 50 years ago and the lands in dispute were allotted to the share of Sudarshan. In the revenue papers the lands continued to be recorded in the names of both the brothers.

(3.) THE defendants' case is that the lands have been purchased by the defendants No. 1 and 2 from Ramkripal by registered sale -deed dated 12.2.1997 for Rs. 1,40,000/ - and there was no undue influence or fraud. They are in possession of the lands and they have sown the crop.