RAMKISHAN Vs. JAGANNATH

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) BEING aggrieved by the judgment and decree dated 29.06.2006, passed by Additional District Judge, Karera, District - Shivpuri in Civil Regular Appeal No. 28 -A/2005 confirming the findings recorded by the Civil Judge, Class I, Karera in Civil Suit No. 98 -A/2000 on 24.03.2005 this appeal under section 100 of C.P.C. has been preferred by the plaintiff by which the suit filed by the appellant/plaintiff for declaration of title and permanent injunction has been dismissed.

(3.) DEFENDANT by filing the written statement on 04.10.2000 contested the claim of the plaintiff restating that the plaintiff was the owner of the land but he executed a registered sale deed on 01.09.1975 in favour of defendants No. 1 to 5 and the possession has also been delivered on the land specified in the sale deed and are cultivating the same. It is further said that with respect to land specified in para 5 and 6 the plaintiff executed a sale deed to the extent of one half share in favour of defendants No. 1 to 3 and to defendants No. 4 and 5 1/4th share. It is further stated that after purchasing the land, defendants have spent more than 40,000/ - to make such land productive for cultivation. However they are taking the crops therefrom. It is said that defendant No. 4, who is the son of the plaintiff, joined hands with the plaintiff filed the present suit which deserves to be dismissed. It is further said that the land in question has been mutated in the year 1998 i.e. in the knowledge of the plaintiff however the suit deserves to be dismissed. In special plea objection regarding filing of the suit within the period of limitation has also been raised.