RAMA Vs. TETIBAI

JUDGEMENT

(1.) APPELLANTS /plaintiffs have filed this Ilnd appeal under section 100 CPC against the judgment and decree dated 21.1.2003 in civil Appeal No. 89-A/01 passed by IVth ADJ (Fast Track Court) Dhar, confirming the judgment and decree dated 5.2.1997 in civil Suit No. 14-A/94 passed by Ilnd civil Judge Class-II Dhar.

(2.) THE case of the plaintiffs is that defendants No. 1 to 4 sold their land bearing survey No. 115 and 167 situated at village Bagred on 5.7.1960 the consideration of Rs. 10,500/- and after executing the deed the defendants have delivered possession of the land to the plaintiffs; that after 5.7.1960 the plaintiffs are continuous in open possession of the suit premises and perfected title over the suit land by adverse possession; that the defendants are making an attempt to disposses the plaintiffs and they are also refusing to execute the registered sale deed in favour of the defendants and as such the defendants be directed to execute the sale deed and relief of permanant injunction for the protection of the possession of the plaintiffs be provided to the plaintiffs.

(3.) THE learned trial Court has held that the defendant bona fide sold the land on 5.7.1960 to the plaintiffs nor the possession was delivered to them; that the plaintiffs have failed to prove that they are in continuous possession of the suit land from 1960 and they have acquired title by adverse possession. After dismissal of the suit by the learned trial Court the appeal of the plaintiffs was also dismissed by the learned appellate Court below.