KAPILMUNI VISHWAKARMA Vs. RAMASHRAYDHAR

JUDGEMENT

(1.) This second appeal has been preferred by the appellants/plaintiffs 1-2 challenging the judgment and decree dtd. 4/9/2015 passed by Additional District Judge, Deosar, District Singrauli in Civil Appeal No.118-A/2014 reversing/modifying the judgment and decree dtd. 24/12/2005 passed by Second Additional Civil Judge Class-I, Deosar to the Court of First Civil Judge Class-I, Sidhi in Civil Suit No.8-A/1997 and 26-A/1997 whereby trial Court decreed appellants/plaintiffs' Civil Suit No.8-A/1997 filed for declaration of title and permanent injunction and dismissed the respondent 1/defendant 2's suit filed simplicitor for permanent injunction.

(2.) Facts in short are that, plaintiffs 1-3 (Motilal, Abhiman and Mathura) instituted a civil suit for declaration of title and permanent injunction and alternatively for restoration of possession in case of their dispossession during the suit, against the defendants 1-3 (Prabhu Lohar, Ramashraydhar and State of M.P) in respect of land Khasra No.133 area 0.29 hectare situated in Village Dhapsa, Tahsil Deosar, District Sidhi, claiming themselves to be Bhoomiswami/owner and in possession of the land on the basis of sale of land by father of defendant 1- Prabhu Lohar namely, Garun Lohar in favour of plaintiffs' father Mahadev. Although plaintiffs claim themselves to be in possession of the land since the year 1939.

(3.) In turn the defendant 2/respondent 1- Ramashraydhar who purchased the suit property from defendant 1- Prabhu Lohar vide registered sale deed dtd. 6/7/1996 (Ex.D/14), claims himself to be in possession of the suit property and on that basis instituted a civil suit for permanent injunction, which was registered as Civil Suit No.26-A/1997.