MOTILAL Vs. RAMLAL

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE instant appeal by appellant/plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 12/1/2005 passed by Additional District Judge, Chachoda, District Guna (M.P.) in Civil Appeal No. 58 -A/2003; confirming the judgment and decree dated 26/2/2002 passed by Second Civil Judge, Class -I, Guna in Civil Suit No. 20 -A/2000. Plaintiff's suit for specific performance has been dismissed.

(3.) DEFENDANT No. 1 filed written statement and denied the plaint allegations. It is submitted that Pannalal after his death was survived by his widow Bhawaribai and two daughters Laturibai and Kasturibai. It is denied that he had succeeded the property of Pannalal including the suit land. After the death of Pannalal, defendant is not his heir and since he is not heir of Pannalal, therefore, there is no occasion for him to seek mutation of suit land in his name. It is submitted that in fact the plaintiff carries on business of money lending and plaintiff got executed an agreement (Ex. P/1) on advancement of amount at the monthly interest of 2% per month which amount has been shown in the agreement as the sale consideration. He has never delivered the possession of the suit land. It is denied that the plaintiff is in possession of the suit land for last 2 years as claimed. It is further averred that the plaintiff has no right or title over the suit land. With the aforesaid pleadings, the defendant had prayed for dismissal of the suit.