NANURAM Vs. PANNALAL

JUDGEMENT

(1.) This judgment shall govern the disposal of Second Appeal No.26/2005 (Nanuram Vs. Pannalal and Another) and Second Appeal No.318/2005 (Nathooram Vs. Pannalal and others), as both the appeal arise out of the common judgment and decree dtd. 9/12/2004 passed by the 7th Addl. District Judge, Indore in First Appeal No.53/2004, whereby the judgment and decree dtd. 6/8/2004 passed by the Civil Judge Class-2, Sanver in Civil Suit No.50-A/2003 has been upheld, by which the civil suit filed by the respondent No.1/defendant Pannalal for declaration of title and permanent injunction has been allowed.

(2.) During the pendency of this appeal, appellant Nathuram has been died and vide order dtd. 15/9/2006 passed in SA No.26/2005 his name has been deleted from the cause title of appeal memo.

(3.) Brief facts of the civil suit filed by the respondent No.1 Pannalal before the trial Court are that the agricultural land bearing Survey No.147 and 155/3 admeasuring 0.741 hectare situated at village Manglia was in the joint name of Ramnarayan, Laljiram, Damodar and Hariram. Pannalal has purchased the share of Damodar and Hariram through registered sale deed, but in the registered sale deed the name of Nanuram was also mentioned as a purchaser. But after the purchase the land in question was mutated in the sole name of plaintiff Pannalal. Father of the plaintiff voluntarily partitioned the land between Nanuram, Nathuram and Pannalal, accordingly they have given separate land. Plaintiff possesses land bearing Survey No.149, 153 and 155/1 as an owner and defendants have no title over it, but defendant No.1 Nanuram and defendant No.2 Nathuram have threatened in the year 1977 that they will forcefully take possession of the land. Then plaintiff preferred an application before the Naib Tehsildar, Tappa Kshipra for deleting the name of defendants No.1 and 2 and the order has been passed in favour of the plaintiff. Defendants have no right to interfere in the land in question.