SHIV CHARAN MEENA Vs. MANGILAL MEENA

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the judgment and decree dated 26.02.2004 passed by 1st Additional District Judge, Guna in Regular Civil Appeal No. 5 -A/2003 whereby the judgment and decree passed by the trial court has been modified decreeing the counter claim of the defendant filed in Civil Suit No. 149 -A/1997.

(2.) THE plaintiff's case in brief was that he purchased 0.292 Hectares of land out of the total 1.588 Hectares from predecessor in title of Survey No. 220. It is further said that defendant No. 1 has also purchased 1.254 Hectares of land from the same predecessor out from the same survey number i.e. 220. It is also stated by him that he is in possession of the remaining land of the said survey No. 220. However the suit filed by him may be decreed seeking ownership thereof and the defendant be restrained to not to interfere in his possession.

(3.) TRIAL court dismissed the suit filed by the plaintiff decreeing the counter claim of the defendant. However on filing an appeal by the plaintiff it was allowed in part issuing direction to the revenue authorities that out of the total land of survey No. 220 area 1.588 after demarcation the land of the area 1.254 Hectares and its possession be delivered to the defendant from plaintiff leaving the remaining portion of the land. However, this appeal has been preferred by the plaintiff.