AWADH PRASAD PATEL Vs. RAMCHERE PATEL

JUDGEMENT

(1.) HEARD on admission.

(2.) THE appellants have preferred the present appeal against the judgment and decree dated 26.8.2004 passed by the Additional District Judge, Amarpatan in Civil Appeal No.212 -A/04, whereby the judgment and decree dated 7.8.2000 passed by the 2nd Civil Judge Class -I, Satna in Civil Suit No.20 -A/1990 was reversed and suit filed by the respondent nos.1 to 3 was partly decreed. The appellate Court has granted a perpetual injunction in favour of the respondent nos.1 to 3 that the appellants should not be made any disturbance in their possession in land bearing survey no.912 area 0.71 acres situated at village Khajuri, Tahsil Amarpatan, District Satna and also it was directed that the document Ex.P/5 shall be the part of decree, whereas the trial Court has dismissed the suit filed by the respondent nos.1 to 3.

(3.) THE defendants Vishwanath and Katahur in their reply denied the allegations of plaintiff and they had pleaded that Deman Patel was necessary party. The defendants have purchased the suit land in sum of Rs.300/ - in the year 1958 and thereafter, they were in the possession of the property. Hence, the suit for injunction could not be decreed in favour of the plaintiff. During pendency of the suit, Vishwanath had expired and therefore, the appellant nos.1 to 5 were brought as legal representatives of the defendant Vishwanath.