AMARLAL Vs. SHYAMABAI

JUDGEMENT

(1.) THIS appeal has been filed by the appellants being aggrieved by the judgment and decree dated 12.08.1997 passed in Civil Appeal No. 17 -A/96 by the District Judge, Chhindwara whereby the judgment and decree dated 05.02.1996 passed in C.S. No. 18 -A/95 by the Civil Judge Class -I, Amarwada District Chhindwara has been affirmed and confirmed. The brief facts leading to the filing of the present appeal are that the plaintiffs/appellants filed a suit for declaration and possession in respect of 7.95 acres of land comprised in Khasra Nos. 59, 60 and 251 of village Pipariyagumani, Tahsil Amarwada District Chhindwara which it was alleged, had beep purchased by them through a registered sale deed dated 11.07.1962 from the original owner Hariram.

(2.) THE suit was filed alleging that khasra Nos. 59, 60 and 251 belong jointly to Hariram, Shyama Bai and Battu Bai and that Hariram by a registered sale deed dated 11.07.1962 Ex. P/1 had sold his share of the land to the plaintiffs/appellants but the respondents were interfering in their possession and in such circumstances, a decree for declaration of title and permanent injunction be issued.

(3.) THIS court has admitted this second appeal on the following substantial questions of law: - -