HEERALAL SINGH Vs. DAL BAHADUR SINGH

JUDGEMENT

(1.) This second appeal is preferred by the appellant/plaintiff - Heeralal Singh (dead) thr. LRs. challenging the judgment and decree dtd. 23/2/2005 passed by Third Additional District Judge (Fast Track), Sidhi, District Sidhi in regular civil appeal No.10-A/2005 affirming the judgment and decree dtd. 10/11/1994 passed by First Civil Judge Class-II, Sidhi in civil suit No.116-A/1987 whereby both the Courts below have decreed the plaintiffs' suit filed for declaration of title and permanent injunction in respect of land survey No.523 only and dismissed the suit in respect of land survey No.444.

(2.) Learned counsel for the appellants by taking this Court to the khasra entry of the year 1980-81 and reply to the application under Order XXXIX Rule 1 & 2 of CPC, submits that the plaintiffs are owner/bhumiswami and in possession of house constructed over the land survey No.444, which fell in the share of plaintiffs in the partition effected in the year 1957, but without taking into consideration the unrebutted case of the plaintiffs in its real perspective, Courts below have committed an illegality in dismissing the suit in respect of land survey No.444, however rightly decreed the suit in respect of land survey No.523, although only for permanent injunction. With these submissions he prays for admission of the second appeal.

(3.) Learned counsel appearing for the respondents supports the impugned judgment and decree passed by Courts below and prays for dismissal of second appeal.