BAIJNATH Vs. RAM KISHAN

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is by the plaintiff directed against the judgment and decree dated 10.8.2004 passed by Additional District Judge, Guna in Civil Appeal No. 60A of 2001 confirming the finding of the trial court vide judgment and decree dated 27.9.2001 passed by Civil Judge Class I Raghogarh in Civil Suit No. 61A of 2000, dismissing the suit of the plaintiff seeking declaration of title and injunction.

(3.) THE defendant no. 1 by filing written statement has denied the plaint averments, but possession of the plaintiff has been admitted. It is said that the plaintiff is in possession of the land, but when defendant reached on spot for taking possession following procedure of law, he has restrained from taking such possession, therefore, the suit for declaration of title and injunction may be dismissed.