KOMAL BAI Vs. JASODA

JUDGEMENT

(1.) The appellants/plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 27.1.2010 passed by the Court of II ADJ, Guna in Civil Appeal No.29A of 2009, confirming the judgment and decree dated 7.1.2009 passed by the court of 1st Civil Judge, Class II, Guna in Civil Suit No.74A/08 whereby, the suit filed by the plaintiffs for declaration of title and permanent injunction was dismissed holding that the plaintiffs have failed to prove their suit. In this appeal, the appellants are referred to as "plaintiffs" and the respondents as "defendants'.

(2.) The facts in brief of the plaint are that the disputed plot situated at Sakatpur Road Purani Chhawani was purchased by husband of plaintiff Komalbai vide agreement dated 12.7.1988 from one Mohanlal which was recorded in favour of plaintiff no.2 Majboot Singh son of plaintiff no.1 and was handed over possession of the same. Thereafter, by playing fraud, the defendant Mohanlal (husband of defendant no.1 and father of other defendants) describing the plaintiff no.2 as tenant filed a suit against him for eviction which was decreed and subsequently was also confirmed by the appellate Court. Now, in the light of the aforesaid judgment and decree, the defendants were trying to dispossess the plaintiffs from the said plot. Thereafter, the suit for declaration of title and permanent injunction was filed by the appellants.

(3.) After framing of the nine issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court dismissed the suit of the plaintiffs against the defendants as stated above.