MAHARAJ SINGH Vs. MAHANT SINGH CHATRUVEDI

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 3rd May, 2007 passed by I Additional District Judge, Bhind in Civil Appeal No.17 of 2006 affirming the judgment and decree dated 29.11.2005 passed by II Civil Judge Class I, Bhind in Civil Suit No.36A of 2005 whereby, the suit filed by the plaintiffs for declaration of title, correction of revenue entries and for recovery of possession was dismissed.

(2.) The Appellants filed a suit in the trial court seeking a declaration that the appellants were the owner of the disputed property. They also sought perpetual injunction seeking restrain order against the respondents for interfering into their possession. The basis of their claim was adverse possession. They also sought a declaration that sale deed executed by the respondent no.2 in favour of the respondents no.6 to 9 to be null and void as respondent no.2 had no right in the property. Later on, a gift deed allegedly executed by the respondent no.2 in view of the sale deed was also questioned.

(3.) The respondents denied adverse possession of the appellants. The trial court held that the appellants were not able to establish their substantive title or adverse possession so as to complete his case of adverse possession. Therefore, dismissed the suit.