GULAB SINGH Vs. SHAILESH

JUDGEMENT

(1.) THIS appeal by the defendant No.3/appellant is directed against the concurring judgment and decree dated 17/11/2005 passed in civil appeal No.9A/2004 by Special Judge (Atrocities) & First Additional District Judge to the Court of 1 Additional District Judge, Gwalior affirming the judgment and decree dated 07/10/2003 passed in civil suit No.2A/2000 by VIII Civil Judge, ClassI, Gwalior under section 100 of CPC, whereby the suit for declaration and permanent injunction filed by the plaintiff/respondent No.1 has been decreed.

(2.) THE subjectmatter of suit is a piece of land admeasuring 25 feet x 50 feet, total 1250 sq. feet falling in survey No.429 as plot No.7 situated in village Dang Ghutina, District Gwalior. As per the plaint allegations, the aforesaid suit land was purchased vide registered sale deed dated 23061989 executed by the defendants No.1 and 2 and the possession was delivered.

(3.) DEFENDANTS ' No.1 and 2 remained ex parte. Defendant No.3 filed written statement and denied the plaint allegations asserting that the suit land is of his ownership and he claimed to be in possession over the suit land.