RAJARAM AND ORS. Vs. SARJU BAI AND ORS.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE instant appeal by appellants/defendants under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 27/6/2009 passed by First Additional District Judge, Mungawali, District Ashok Nagar (M.P.) in Civil Appeal No. 1 -A/2007; confirming the judgment and decree dated 30/11/2006 passed by Civil Judge, Class -II, Mungawali in Civil Suit No. 589 -A/1998. By the aforesaid judgment, the plaintiff's suit for declaration and permanent injunction has been decreed.

(3.) DEFENDANTS filed written statement denying the plaint allegations. It is inter alia contended that the suit land is neither of the ownership nor in possession of plaintiff. It is also denied that defendants ever tried to take forcible possession of the suit land from the plaintiff on 20/7/1998 as alleged in the plaint. That apart, it is submitted that suit land is in possession of defendants No. 1 to 6 for number of years and for more than 12 years, therefore, they have acquired right to suit land to the exclusion of the plaintiff. Even Naib Tahsildar in revenue proceedings has found the possession of defendants over the suit land. With aforesaid submissions, the suit was prayed to be dismissed.