ABID ALI Vs. MAHILA HAFIJAN

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal, by the plaintiff, is directed against the judgment and decree dated 20.05.2006 passed by the I Additional District Judge, Ashok Nagar (M.P.) in Civil Appeal No. 32A/2005 confirming the findings of the trial court with respect to dismissal of the suit for declaration of title as per adverse possession vide judgment and decree dated 30.06.2005 passed by Civil Judge Class I, Ashok Nagar in Civil Suit No. 258A/2000.

(3.) DEFENDANTS by filing written statement has not disputed the relationship with the plaintiffs and admitted that the land in question is of the joint holding since plaintiffs and the defendants were the members of the same family. Plea regarding res judicata with respect to same suit property was also raised which was the subject matter of the earlier suit. It is also stated that there is a defect of non -joinder of the necessary parties, namely, Maharaj Ali, Munsaf Ali, Imrat Ali, Jehangir Ali and Babbu Ali. At last, it is said that the defendants are the shareholders to the extent of 2/3rd share in the suit property and such suit on the basis of adverse possession cannot be decreed.