KHILAN PRASAD Vs. SANTOSH

JUDGEMENT

(1.) THIS appeal by the plaintiffs' under section 100 CPC is directed against the concurring judgment and decree dated 28/08/2006 passed in civil appeal No. 18A/2006 by II Additional District Judge (Fast Track Court), Basoda District Vidisha affirming the judgment and decree dated 07/04/2004 passed in civil suit No. 90A/2001 by I Civil Judge, Class -II, Basoda, plaintiffs' suit for permanent injunction has been dismissed.

(2.) ONE Jagannath Prasad besides plaintiffs' had two more sons, namely; Avadhnarayan and Harishankar. All the three, i.e., Jagannath Prasad, Avadhnarayan and Harishankar have passed away. As per plaint, Jagannath Prasad during his life time had parted with the land situated in village Bajariya, district Vidisha admeasuring 2.361 hectare falling in survey No. 62 and 1.392 hectare in survey No. 73 and bequeathed in favour of late Avadhnarayan. Likewise, land admeasuring 2.049 hectare falling in survey No. 92/1 was also bequeathed in favour of Harishankar (hereinafter referred to as 'the suit land'). Remaining land was recorded in the name of Jagannath and after his death, the same was succeeded by plaintiffs and accordingly, mutated in the revenue recorded in the names of plaintiffs' and defendants' both. On entire land of the ownership of late Jagannath, each of the brothers have equal shares. No partition had taken place amongst them. As defendants names are mutated in the revenue record alongwith plaintiffs, they denied title of the plaintiffs over the aforesaid suit land though on account of oral (VAHIM) settlement, suit land had fallen to the share of plaintiffs'. Since defendants have started interfering with the possession of plaintiffs, instant suit for permanent injunction was filed.

(3.) DEFENDANTS No. 8 to 11 have also filed written statement and submitted that the land falling in survey No. 92/1 was purchased by their father, Harishankar on his own and, therefore, after his death, aforesaid defendants have succeeded the same with exclusive right and title thereon. Further, they submitted that the suit land is an ancestral property of late Jagannath, therefore, all the members of the family have been in possession. On the aforesaid pleadings, it was prayed that the suit be dismissed.