BHAGAWAN Vs. GORDHANSINGH

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by the plaintiff being aggrieved by the judgment and decree dtd. 27/9/2024 passed in Civil Appeal No.24-A/2004 by the 4th Additional District Judge, Dewas whereby reversing the judgment and decree dtd. 21/04/2004 passed in C.S.No.20-A/2003 by the 2nd Civil Judge, Class I, District Dewas his claim for permanent injunction has been dismissed.

(2.) As per the plaintiff, Umrao Singh, predecessor in interest of defendants No.1 to 3 had entered into an agreement to sale with him on 12/12/1986 with respect to the suit land for a consideration of Rs.31,500.00 and had delivered possession of the same to him. He has been in possession of the suit land ever since then. Umrao Singh did not execute the requisite sale deed in his favour though he continued to request him for a period of one year for the same. He has even otherwise acquired title to the suit land by virtue of adverse possession. Umrao Singh expired on 28/6/2002 after which defendants No.1 to 3 demanded possession of the suit land from him and threatened him in that regard.

(3.) Contending aforesaid on 19/8/2002 the plaintiff instituted an action for permanent injunction restraining the defendants from interfering with his possession over the suit land.