MAHILA GUDDI Vs. UDAY SINGH

JUDGEMENT

(1.) THIS appeal under section 100 of CPC by the defendants' is directed against the concurring judgment and decree dated 19/01/2014 passed in civil appeal No.69A/2003 by III Additional District Judge, Morena, District Morena affirming the judgment and decree dated 19/07/2002 in civil suit No.97A/95 by Civil Judge, ClassI, Ambah, District Morena whereby plaintiffs' suit for declaration and permanent injunction has been decreed.

(2.) PLAINTIFF filed a suit in relation to an agricultural land admeasuring 2 bigha 7 biswa falling in survey No.435 situated in village Ikhara, Tahsil Ambha, District Morena claiming to be bhumiswami and doing cultivation thereon and his name has been recorded as such in the revenue record. Suit land was purchased by plaintiff for a consideration of Rs.12,000/ vide registered sale deed dated 25/07/1984 executed by the erstwhile owner, Babu S/o Punna resident of Janakrai. Since plaintiff himself shifted to State of Gujarat for employment, his family used to plough the field and doing cultivation through labourers. On 21/08/1989, defendants' taking advantage that plaintiff being away from the suit land and his family members being alone threatened for forcible dispossession. That led to filing of the instant suit for declaration and permanent injunction.

(3.) DEFENDANTS ' filed written statement and denied the plaint allegations inter alia asserting that the suit land stands recorded in the revenue record in the name of Punna s/o Kalluwa r/o Janakariapura as owner and in possession. Babu s/o Punna has no connection with the suit land. It is submitted that Babu neither sold the suit land nor delivered possession to the plaintiff. In fact, half of the suit land continues to be in possession of defendant No.1 on account of the fact that in Samvat 2007 (1950), Punna s/o Kalluwa after taking Rs.200/ had given the same on oral patta and since then said part of the suit land continues to be in possession of the defendants'.