BHAGWAN Vs. MANI BAI

JUDGEMENT

(1.) This appeal under Sec. 100 of the Code of Civil Procedure has been preferred by defendant No.1 being aggrieved by the judgment and decree dtd. 27/9/2004 passed in Civil Appeal No.23-A/2004 by the 4th Additional District Judge, District Dewas whereby the judgment and decree dtd. 21/4/2004 passed in Civil Suit No.24-A/2003 by the 2nd Civil Judge, Class I, Dewas has been set aside and plaintiff's claim has been decreed for declaration of title and possession.

(2.) As per the plaintiffs, Umrao Singh, husband of plaintiff No.1 and father of plaintiffs No.2 and 3 was the owner of the suit land bearing Survey No.551/2, Gram Khokariya, Tehsil and District Dewas. He has since expired on 28/6/2002. About five years ago, he had borrowed a sum of Rs.18,000.00 from defendant No. 1. A document was also executed between them wherein it was agreed that till Umrao Singh would not return the amount, defendant No.1 would continue to reap the crops sown over the suit land. The suit land had in fact been mortgaged by Umrao Singh in favour of defendant No. 1. In 2001, plaintiff No.2 agreed that he would pay the loan amount to defendant No.1 by the June of next year. On 2/6/2002 plaintiff No.2 requested defendant No.1 to take Rs.30,000.00 from him and to permit him to cultivate the suit land. The defendant No.1 however denied to do so and stated that since he has an agreement in his favour he shall get executed sale deed with respect to the suit land. Due to the aforesaid acts of defendant No.1 Umrao Singh expired but defendant No.1 has still retained possession of the suit land.

(3.) Contending aforesaid, on 30/11/2002 the plaintiffs instituted an action for declaration of their title to the suit land, for possession of the same and permanent injunction subsequent thereto and for damages in the sum of Rs.6000.00.