BAGDIRAM KULMI Vs. KANVARLAL

JUDGEMENT

(1.) Heard on the question of admission This second appeal under Sec. 100 of CPC has been filed by the appellant/plaintiff being aggrieved by the judgment and decree dtd. 19/09/2024 passed by 4th District Judge, District-Mandsaur (M.P) in RCA/161/2024 filed by defendant/respondent whereby the judgment and decree dtd. 16/09/2022 passed by Ist Civil Judge, junior Division, Narayangarh, District-Mandsaur (M.P) in suit No.-RCS 90-A/2016, was set-aside.

(2.) The facts of the case in brief are that the appellant/plaintiff filed a suit for declaration and permanent injunction of the land survey No.1050 measuring 1.29 hectare (hereinafter referred to as the disputed land).

(3.) It has been pleaded by the appellant/plaintiff that the division of all movable and immovable property of the joint Hindu family between the appellant/plaintiff and respondent/defendant No.1 took place in the year 2001. It has been contended that the agricultural lands in villages Semli, Sanawada and Kangatti were in the name of appellant/plaintiff and respondent/defendant No.1 till the year 2008-09, the details provided for the agricultural land are as follows. Agricultural land situated in Mauja Semli, survey No.180, area 1.18 aari, survey No.199, area 0.10 aari, were in the name of both the parties. Survey No.202 measuring 0.37 aari, Survey No.294 measuring 0.06 aari, Survey No.295 measuring 0.20 aari, Survey No.381 measuring 1.07 aari, Survey No.413 measuring 1.83 aari, Survey No.475 measuring 0.10 aari, Survey No.476 measuring 0.25 aari, Survey No.201 measuring 0.09 aari, Survey No.204 measuring 0.12 aari, and agricultural land situated in Mauja Sanawada measuring 2.67 aari and agricultural land of Survey No.1050 at Village Kangatti measuring 1.29 hectare.