GHANSHYAM SINGH Vs. CHETHU & THREE OTHERS

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal assailing the legal validity of the judgment and decree dated 9-8-1997 passed by the First Additional District Judge, Chhindwara, in C.A. No. 18-A/1996, whereby the judgment and decree dated 16-2-1996 passed by the Civil Judge Class-II, Amarwara, District Chhindwara in C.S.No. 5-A of 1990 has been reversed.

(2.) The brief facts leading to the filing of this appeal are that the appellant/plaintiff filed a suit for permanent injunction against the respondents No. 1, 2 and 3 on the ground that the appellant/plaintiff was owner and in possession of Khasra No. 98/2, area 0.917 hectares and Khasra No. 99, area 0.202 hectares of land situated in village Chiklimusaka, Tahsil Amarwara, District Chhindwara and had been cultivating crops in the suit land since 1978 but the respondents prevented him from doing so in the year 1989 without any right or authority, hence a decree for permanent injunction be issued against the respondents.

(3.) The suit was resisted by the respondents/defendants on the ground that 0.55 hectares of land of Khasra No. 98/3 has been purchased by them through sale deed dated 7-8-1976 and 0.28 acres of land of Khasra No. 98/2 has been purchased by them by sale deed dated 26-7-1976 and that pursuant to the aforesaid sale deeds which have been brought on record as Ex.D-1 and Ex.D-2, the respondents/defendants were in cultivating possession of the land since then but the appellant, on the strength of some subsequent sale deed, was trying to interfere in their possession.