MAGAN SINGH Vs. DUNGAR SINGH

JUDGEMENT

(1.) Appellants/defendants have filed this second appeal being aggrieved by the judgment and decree dtd. 17/5/2018 passed in regular Civil Appeal No.7A/2018 by Second Additional District Judge, Alirajpur, whereby the judgment and decree dtd. 27/1/2017 passed in Civil Suit No.16-A/2016 by the first Civil Judge, Junior Division, Alirajpur, filed by the respondents for declaration of title and permanent injunction was decreed.

(2.) The brief facts of the case is that the appellants/defendants filed a civil suit for declaration of title and permanent injunction against the respondents/plaintiffs in respect of agricultural land bearing survey no.145, raqba 120, survey no.155, raqba 7.5, survey no.207, raqba 0.02, survey no.208, raqba 0.02, survey no.209, raqba 5.8, survey no.217, raqba 26.55, total raqba 41.21 hectares new survey no.2126, 2130, raqba 0.030 hectares, survey no.2044, raqba 0.910, survey no.2015, raqba 0.006, survey no.2048, raqba 0.020 hectare, survey no.2041, raqba 0.580 hectare, survey no.1996, raqba 5.700 hectare, total raqba 9.050 hectares (herein after referred to as the suit land recorded in the name of 'Dhanna') and Dhanna is the father of Vestibai and Vestibai is the legally wedded wife of Nathu Bhilala and Sekadiya was born out of the wedlock of Nathu and Vestibai. Plaintiffs No.1 and 2 are the son of Sekadiya and Plaintiff No.3 is the wife of Sekadiya. After the death of Vestibai, Nathu married to one Sunibai and defendants No.1 to 5 are the children of Nathu and Sunibai.

(3.) Counsel for the respondents submits that the respondents/plaintiffs have filed the civil suit before the trial Court with respect to the suit property praying for relief of declaration and permanent injunction and pleaded that the suit property belongs to Vestibai and because of the fact that the respondents are the children of Vestibai and the suit property is inherited by them. After the death of Vestibai, the respondents/plaintiffs are possession holders of the suit property. In the month of August, 2013, the appellants/defendants attempted to dispossess the respondents. Thereafter the respondents/plaintiffs retrieved the revenue record and came to know that the names of the appellants are recorded therein and thereafter they filed the suit for declaration and permanent injunction in respect of the suit land against the defendants/appellants.