BHIM SINGH Vs. RATANIYA

JUDGEMENT

(1.) APPELLANT -plaintiffs has filed this appeal under section 100 of the CPC against the judgment and decree dated 28.1.1988 in Civil Appeal No. 15-A/87 passed by Illrd Additional District Judge Alirajpur confirming the judgment and decree dated 8.1.1987 in Civil Suit No. 30-A/85 passed by Civil Judge Class-II Alirajpur.

(2.) THE admitted facts of the case are that Gulsingh was bhumiswami and in possession of the suit land bearing Khasra No. 219, 226, 267, 249 total area 9.75 acre situated at village Badivekalgaon Tahsil Alirajpur.

(3.) THE case of the plaintiff is that the plaintiff No. 1 is having 1/2 share and plaintiff No. 2 and 3 have l/4th share and defendant No. 2 is also having l/4th share in the suit land. That in the Year 1984 the land bearing Khasra No. 226 area 3.20 acre Tadwala land was snached from the possession of plaintiff by defendant No. 1 and as such the possession of the land of Khasra No. 226 be provided to plaintiff No. 1 from defendant No. 1. The plaintiff has also prayed for the declaration of his share on the suit land.