PHULLAN BAI Vs. NARAYAN DAS

JUDGEMENT

(1.) HEARD on admission.

(2.) THE respondent has preferred civil suit no.80 - A/08 before the 3rd Civil Judge Class -I, Chhatarpur for declaration of his title on a land bearing area of 118.55 sq. ft. situated at village Bameetha, Tahsil Rajnagar, District Chhatarpur and also a perpetual injunction was sought against the appellants so that, no interference should be done in his possession. The trial Court vide judgment and decree dated 29.6.2009 decreed the suit. In Civil Appeal No.53 -A/09, the 3rd Additional District Judge, Chhatarpur vide judgment and decree dated 3.12.2009 dismissed the appeal. Being aggrieved with the aforesaid judgments and decrees, the appellants have preferred the present second appeal.

(3.) THE appellants in their written statement denied the claim of the plaintiff and it was pleaded that some portion of the land bearing survey no.567/01 was purchased by Manik Chand Jain and the appellants were legal representatives of Manik Chand Jain. After perusal of boundaries marks in both the sale deeds, disputed property was of the defendants/appellants and therefore, it was pleaded that suit be dismissed.