HANSUBAI Vs. GOPALPURI

JUDGEMENT

(1.) This second appeal under Sec. 100 of CPC is filed against the judgment and decree dtd. 4/10/2023 passed by Second District Judge, Bagli, District-Dewas in RCA No.9/2023 arising out of the judgment dtd. 29/5/2022 passed by I-Civil Judge, Junior Division, Bagli, District-Dewas in Civil Suit No.2-A/2017.

(2.) Brief facts of the case are that civil suit was filed by the original plaintiff-Late Gopal Puri who died during the pendency of the suit and his legal heirs have been brought on record. The suit was filed seeking relief of declaration of title, permanent injunction and possession of the agricultural land bearing survey No.1136/2 admeasuring 0.280 hectares situated in village-Rojdi, Tehsil-Hatpipliya, District Dewas.

(3.) The original plaintiff pleaded before the trial court that this disputed land was received by him in partition which was effected between the original plaintiff and original defendant and he was in the possession of said land. He further pleaded that he obtained K.C.C. loan on the said land on 16/9/2014 but, the original defendant illegally and in collusion with revenue authorities got partition of said land and further got a part of it mutated in his name in the year 2010. He further averred that when original plaintiff obtained certified copies of revenue records for renewal of loan, he came to know about the partition and mutation of the land in revenue records and when he confronted the original defendant, original defendant abused him. He further pleaded that on 16/12/2016, original defendant came to his land and forcibly took possession of the land, against this act a complaint with police was filed and a civil suit was also filed by the original plaintiff. The original defendant filed written statement and refuted the plaint allegations and pleaded that on 10/3/2009, original plaintiff entered into an agreement to sale of suit property (along with another land to the original defendant for which no suit has been filed) with the original defendant for a sale consideration of Rs.85,000.00 per bigha in front of two witnesses and also handed over the possession and with the consent of original plaintiffs, partition was recorded in revenue records by the order of Tahsildar.