GAJADHAR AHIRWAR Vs. KISHORI KUSHWAHA

JUDGEMENT

(1.) HEARD on admission. The learned Civil Judge, Class -II, Nowgaon, District Chhatarpur vide judgment and decree dated 28.4.2007 dismissed the suit No.24 -A/97 filed by the appellant, whereas the suit was filed for declaration and injunction. The civil appeal No.37 - A/2009 filed by the appellant was also dismissed by the learned First Additional District Judge, Nowgaon, District Chhatarpur vide judgment and decree dated 8.4.2009. Being aggrieved with the aforesaid decrees and orders, the appellant has preferred the present appeal.

(2.) THE appellant has submitted a suit before the trial Court that he purchased a land of survey No.310 having area 0.551 Hecters of Mauja Dharampura, Tahsil Nowgaon, District Chhatarpur on 8.3.1999 from the respondent No.1. Sale deed was registered and possession was given. Sold land was a plot bearing area 40 X 60 feet. On 25.1.1997, when the appellant/plaintiff started to construct plinth on the plot then, the respondents No.2 and 3 objected. On enquiry, it was found that the respondent No.1 had already resold the same land to the respondents No.2 and 3 and therefore, the appellant/plaintiff has moved a suit for declaration of his title and perpetual injunction against the respondents No.2 and 3.

(3.) THE respondents No.2 and 3 have pleaded in their written statement that the entire land of Survey No.310 and 300 was sold by the respondent No.1 to them and they got the possession accordingly. The plaintiff was not in possession and therefore, declaratory decree cannot be given.