URMILA ALIAS GUDDI Vs. PRABHU AND OTHERS

JUDGEMENT

(1.) This appeal by plaintiff is directed against the judgment and decree dated 29/9/2007 in Civil Appeal No.28-A/2007 setting aside the judgment and decree dated 31/7/2007 in Civil Suit No.24-A/2005 filed by defendants. Plaintiff's suit for delivery of possession and permanent injunction has been dismissed.

(2.) Following question of law arises to be addressed upon for disposal of this appeal:-

(3.) Plaintiff filed a suit inter alia contending that in village Raghunathpur, Tahsil Vijaypur, District Sheopur suit plot is situated, description of its boundaries are explained in para 3 of the impugned judgment. Relevant for the purpose of this appeal is the description on the western side where the open land and a house of defendants no.1 to 5 is situated. The aforesaid plot was of the title and ownership of one Mahaveer Soni and the same has been purchased by the plaintiff on a consideration of Rs.8,000/- by registered sale deed dated 30/7/2005 and thereby plaintiff has acquired title and is in possession thereof. It is alleged that the defendants on 10/9/2005 had forcefully encroached upon the area marked as 'A, B, C and D' in the plaint and they intended to raise construction of shop and, therefore, instant suit was filed.