PREM SINGH Vs. MANGILAL

JUDGEMENT

(1.) Appellants/plaintiffs have preferred this second appeal under Sec. 100 of Code of Civil Procedure, 1908, against the judgment and decree dtd. 26/3/2019 passed by Second Additional District Judge, Rajgarh (MP) in Regular Civil Appeal No.37 of 2017 arising out of the judgment and decree dtd. 14/7/2017 passed in Civil Suit No.80-A of 2018 by Second Civil Judge, Class-2, Rajgarh, by which the trial Court has rejected the suit filed by the appellants/plaintiffs for declaration and permanent injunction which has been affirmed by the first appellate Court.

(2.) The brief facts of the case in nutshell is that the appellants/plaintiffs have filed the suit before the trial Court and pleaded that plaintiffs are the title holder of land bearing survey no.269/2, raqba 3.035 hectare and survey no.2.024 hectares and has stated that suit land was recorded in the name of respondent/defendant No.1 but the father of respondent No.1 had executed the sale deed in favour of father of plaintiffs and delivered the possession to the father of plaintiffs and after the death of plaintiffs father, plaintiffs are continuously and regularly in possession of the land holders so their adverse title has been accrued against the defendants. So by way of adverse possession declaration of title on the disputed land and restrained the defendants by way of issuing permanent injunction.

(3.) The defendants/respondents admitted the pleadings of the appellants/plaintiffs and produced the same for decreeing the suit in favour of plaintiffs. The respondents No.4 has denied the averments pleaded in the plaint and has stated that he purchased the disputed land by way of sale deed from the defendant No.1. Hence prays for rejection of the civil suit.