GUMANI Vs. KUSUM KUMARI

JUDGEMENT

(1.) DEFENDANTS /appellants have filed this appeal against the judgment and decree dt. 18th November 2010 passed in Civil Suit No. 12-A/2010.

(2.) PLAINTIFF filed a suit for permanent injunction and declaration. She pleaded that a plot situate at Lateri District Vidisha was of the ownership of Omkar S/o Gangola and Khema S/o Deva Chamar. Both the persons sold the plot to Sheelchand Jain S/o Pyarelal. After the death of Sheelchand Jain his legal heirs sold the plot to the plaintiff through their power of attorney holder by a registered sale deed dt. 13.9.1985 and the possession was also delivered. A house was also constructed over the aforesaid plot. The defendants denied the ownership of the plaintiff. Plaintiff pleaded that the defendants tried to dispossess the plaintiff, hence, the suit is filed.

(3.) ON the basis of appreciation of evidence oral and documentary and pleadings, the trial Court has held that Omkar and Khema sold the suit land in favour of Sheelchand Jain by a registered sale deed date 22.5.1968 and thereafter the power Of attorney holder of legal heirs of Sheelchand Jain sold the land to the plaintiff on 13.9.1985 by a registered sale deed. The survey numbers of the land were changed as 1006/01 and 1006/02 and husband of the plaintiff constructed seven rooms over the suit land, hence plaintiff is the owner of the suit land.