AYODHYA PRASAD SHARMA Vs. VIMLA BAI

JUDGEMENT

(1.) THE appellants/defendants have filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 24.7.2009 passed by the Court of I Additional District Judge, Dabra, District Gwalior in Civil Appeal No.9 -A of 2009 affirming the judgment and decree dated 28.3.2009 passed by the Court of Civil Judge Class I, Dabra District Gwalior in Civil Suit No.45A of 2008 whereby, the suit filed by the plaintiff for permanent injunction against the defendants has been decreed. In this appeal, the appellants are referred to as "defendants" and the respondent as "plaintiff".

(2.) THE facts in brief of the case are that the land bearing Survey No.515 area 0.365 Hectare situated in village Billoua Tehsil Dabra which (hereinafter would be referred to as "disputed land") was purchased by the plaintiff from one Jamuna Bai for consideration of Rs.80,600/ - vide registered sale deed dated 23.7.2003 and obtained possession thereof. Abruptly on 14.7.2007, the defendants came to her field and threatened to dispossess her of the disputed land. Hence, she lodged a report to the police from where, she was advised to approach the civil Court for protection of her civil rights, hence, the plaintiff filed the suit against the defendants for the relief stated above.

(3.) AFTER framing of the three issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court decreed the suit of the plaintiff against the defendants as stated above.