BHARTA RATHORE PATLIYA Vs. GAJA RATHORE PATLIYA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the plaintiff/petitioner being aggrieved by the order dtd. 2/8/2022 (Annexure P/1) passed in Miscellaneous Civil Appeal No.22/2021 by the Second Additional District Judge, Jhabua affirming the order dtd. 25/9/2021 (Annexure P/7) passed in Civil Suit No.72-A/2020 by the Civil Judge Senior Division, Thandla, District Jhabua whereby his application under Order 39 Rule 1 and 2 of the CPC had been rejected.

(2.) As per plaintiff, he is in legal possession of the suit lands total measuring 1.190 hectare at Gram Phuledi, Tehsil Meghnagar, District Jhabua. The same are recorded in the name of defendant No.1 in the revenue records. On 28/4/1997 defendant No.1 had entered into an agreement with him for sale of the suit lands in his favour for a total consideration of Rs.77,500.00 upon receiving the entire consideration. An agreement was also executed between the parties in that regard. Since no sale deed of the transaction was executed, the same is void and he has been in adverse possession of the suit lands ever since then for past 23 years. However, taking advantage of being recorded over the suit lands in the revenue records defendant No.1 has filed an application before the Tehsildar, Meghnagar for obtaining possession of the suit lands.

(3.) On the aforesaid contentions the plaintiff instituted an action for declaration of his title to the suit lands, declaration that he is entitled for being recorded over the suit lands in the revenue records and for permanent injunction restraining defendant No.1 from interfering with his possession over the suit lands.