MUNNALAL Vs. KOMAL

JUDGEMENT

(1.) IN Civil Suit No.31-A of 2010 a decree of declaration, possession and injunction was passed against the appellant by the learned Civil Judge Class II, Raisen vide judgment and decree dated 30.10.2012 relating to land bearing Survey No.591, area 4.94 acres situated at Village Shahpura, District Raisen. In Appeal No.12-A/2012 the learned Second Additional District Judge, Raisen vide judgment dated 18.2.2013 dismissed the appeal. Being aggrieved with the judgments and decrees passed by both the Courts below the appellant has preferred the present second appeal before this Court.

(2.) BEFORE the trial Court the respondents/plaintiffs no.1 to 6 have moved a civil suit that the land bearing Survey No.591, area 4.94 acres was registered in name of one Chironjilal, husband of the plaintiff no.1 and father of the remaining plaintiffs. On 17.10.2008 Chironjilal expired. After his death when the plaintiff no.2 had tried to sow the crops in that land then the appellant stopped him that the land was given to him on lease by Chironjilal, for an year and therefore, after taking the crop of that land, he would release the possession. However, he did not leave the land and therefore, a suit was filed for declaration, possession and injunction.

(3.) THE learned Civil Judge after framing of the issues, recording the evidence and hearing the learned counsel for the parties decreed the suit as mentioned above. The appeal filed by the appellant was also dismissed.