STATE OF M.P. Vs. SHARAD KUMAR

JUDGEMENT

(1.) This appeal under Sec. 100 of the CPC has been preferred by the defendant/appellant being aggrieved by the judgment and decree passed by the Courts below whereby the claim of plaintiff for declaration of his title to the suit property and for permanent injunction with respect thereto has been decreed.

(2.) As per the plaintiff, he is the owner of the suit house. His ancestor Swayamvarlal Murai was its owner and it was recorded in his name in municipality document dtd. 21/11/1945. After his death issueless name of his brother Vishambharlal was mutated in 1951. Vishambharlal was grandfather of plaintiff and on 27/10/1955 he gifted the suit house to plaintiff which gift was accepted by his father on his behalf since he was a minor. The gift deed was registered on 28/2/1956. On that basis plaintiff was mutated in the record of Municipality of Dewas. Property tax was also determined. The suit house is not built on Government land. On 18/12/2014 the defendant issued notice to him and threatened to remove his possession from the suit house.

(3.) On such contentions, the plaintiff instituted an action for declaration of his title to the suit house and for permanent injunction restraining the defendant from interfering with his possession over the same.