ASHARAM Vs. PAPPURAJA

JUDGEMENT

(1.) Present second appeal under Sec. 100 and 101 of CPC has been filed against the judgment and decree dtd. 22/2/2022 passed by Additional District Judge, Pichhore, District Shivpuri, (M.P.) in Civil Appeal No.27/2017 affirming the judgment and decree dtd. 8/12/2017 passed by the Civil Judge, Class-I, Khaniyadhana, District Shivpuri, in Civil Suit No.31-A/2015 by which the suit of appellants/plaintiffs was dismissed. The order relates to an application filed by the appellants/plaintiffs under Order 26 Rule 9 of CPC.

(2.) Factual matrix of the case, in brief, are that the plaintiffs filed this suit stating therein that they are the owners of land in Village Aharwanpur, Tehsil Khaniyadhanna, District Shivpuri, bearing Survey No. 930, area 2.22 hectares . On this land 6 rooms are built. Three out of six rooms shown in the map annexed with the plaint, surrounded in red ink and the land on which the rooms are built is the disputed property/land. The said map annexed as 'A' is a part of the plaint. The said disputed property is adjacent to the Survey No.929 Area 0.50 Hectare which belongs to Defendant No. 1. The boundaries of both the survey numbers remained the same since the time of their ancestors and both the sides are in possession accordingly. The entire land of survey number 930 including the said disputed land is the ancestral property of plaintiffs and is under their possession.

(3.) The further pleading is that about a year ago, while constructing the said six rooms on the said disputed land for keeping the agricultural goods and crops etc. and for the security of the farm, the defendant no. 1-Pappu raja, got the demarcation done on the same spot. The construction was with the knowledge and consent of the said defendant. The plaintiffs have further pleaded in their plaint that after the construction, the defendant No.1 taking advantage of plaintiffs No. 1 to 4 being illiterate and belong to schedule caste grab the land under Sec. 250 of M.P.L.R.C. in which after investigation, the unauthorized encroachment done by mistake on each other's land was removed from the spot and since there was no encroachment and therefore, matter was resolved vide order dtd. 09/09/2014.