RAM NARAYAN Vs. RAM SAKHA

JUDGEMENT

(1.) THIS second appeal has been preferred by the appellants/defendants against the judgment of reversal passed by learned First Appellate Court, whereby the judgment and decree of the Trial Court dated 28-7-1988 dismissing the suit has been reversed and set aside and the suit of plaintiff has been partly decreed.

(2.) THE original plaintiff is Vishwanath, who filed a suit for cancellation of order dated 21-11-1983 passed by Assistant Settlement Officer, Panna No. 2 in Revenue Case No. 103/a-6-A/1982-83 and for permanent injunction in regard to a portion 0. 11 hectare of Survey Nos. 334 and 335, new No. 376/5 Ga and restraining defendants from interfering in his possession. In the alternative it has also been prayed that if it is found that the suit land 0. 11 hectare is in possession of defendants, a decree of possession be also granted.

(3.) ACCORDING to the plaint averments old survey No. 334, area 0. 024 hectare and old survey No. 335, area 0. 218 hectare were changed to new survey no. 376/5 Kha and 375/5 Ga, situated at Village Shyamardada, Tehsil and Distt. Panna, is the ancestral property of plaintiff Vishwanath and in the family partition these survey numbers fell in his share. In these survey numbers the defendants had no right, title and interest.