LAWS(MPH)-2015-12-21

JAHIRRUDIN Vs. GULAMUDDIN AND OTHERS

Decided On December 03, 2015
Jahirrudin Appellant
V/S
Gulamuddin And Others Respondents

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal is by the plaintiff who has lost in both the courts below.

(3.) The facts, giving rise to filing of the appeal, briefly stated, are that the plaintiff filed the suit inter alia on the ground that the suit lands bearing survey numbers 415, 417 and 450 admeasuring 7.255 hectares are recorded in the name of the plaintiff and the defendants 1 to 10 as bhumiswami. It was further pleaded that the defendant No. 5 had filed an application under Section 178 of the M.P. Land Revenue Code, 1959 for partition of the lands in question by claiming 1/6th share in the suit lands. In the aforesaid proceeding the plaintiff raised an objection that he is the sole owner of the lands in dispute. Accordingly, the plaintiff filed the suit seeking the relief of declaration of title by adverse possession as well as permanent injunction.