BANUBEE GANI Vs. BONDIBAI SULEMAN NAYATA

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Sec. 96 of CPC, the appellants/plaintiffs have filed this first appeal calling in question the validity, legality, propriety and correctness of the judgment and decree dtd. 16/11/2009 passed by the 21st Additional District Judge, (Fast Track Court), Indore (M.P.) in Civil Suit No.118A/2009 dismissing the appellants / plaintiffs' suit filed for declaration of title by adverse possession and permanent injunction.

(2.) The necessary facts and legal contentions urged on behalf of parties are stated herein with a view to find out as to whether the impugned judgment and decree in dismissing the suit for the relief of declaration on the basis of agreement of sale for adverse possession and permanent injunction requires to be examined by following this appeal.

(3.) In this judgment for the sake of brevity, I would like to refer to the ranking of the parties as assigned in the plaint presented before the Court. Since there is congruence in mentioning exhibits in the judgment of the trial Court, I will refer to the documents as per annexures presented along with this appeal.