GANPATLAL HIRALAL BHAVSAR Vs. GANGA BAI

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by plaintiff against the judgment and decree dtd. 1/2/2002 passed in Regular Civil Appeal No.26-A/2000 by the First Additional District Judge, Mandsaur affirming the judgment and decree dtd. 10/3/2000 passed in Civil Suit No. 70-A/1996 by the IIIrd Civil Judge, Class-I, Mandsaur, whereby his claim for declaration was dismissed.

(2.) The facts of the case in brief are that the plaintiff instituted an action before the trial Court submitting that he is the owner of the suit land bearing Survey No.79, Gram Kityani, Tehsil and District Mandsaur having purchased the same from its previous owner Prakash Chandra by registered sale deed dtd. 14/7/1992. The defendants 1 and 2 do not have any concern with the suit land yet are contending that they have purchased the same from defendant No.3 and shall take possession of the same. Relief was claimed for declaration of his title to the suit land and for permanent injunction restraining the defendants from interfering with his possession over the suit land and from alienating the same.

(3.) The defendants 1 and 2 contested the plaintiff's claim by filing their written statement submitting that plaintiff is not the owner of the suit land instead defendant No.1 had purchased the same from its previous owner Nemichand in the year 1991 and had thereafter sold the same in favour of defendant No.2 by a registered sale deed dtd. 22/12/1989 followed by delivery of possession who is hence the owner thereof. Plaintiff is also not in possession of the suit land hence his claim for declaration of title and permanent injunction in absence of relief of possession is not maintainable.