SHANTIBAI Vs. PHOOLIBAI

JUDGEMENT

(1.) THIS appeal under Section 100, Civil Procedure Code is directed against the judgment and decree 2-4-2998 passed in Civil Appeal No. 32-A/90 on the file of Second Addl. District Judge, Hoshangabad, arising out of the judgment and decree passed in Original Suit No. 32-A/85 on the file of Civil Judge, Class II, seoni Malwa.

(2.) IN the course of this judgment, parties will be referred to by the ranks assigned to them in the Trial Court.

(3.) ORIGINAL plaintiff Kaluram now represented through Shanti Bai, kumari Rekha Bai, Rameshwar and Jagnnath filed a suit against Kishanlal (now represented through legal representative) Balram, Ghambhir Singh and Narain for grant of injunction restraining the defendants from interfering with the possession of the suit property stating that Raghunath Jatt father of plaintiff kaluram was a recorded occupancy tenant of Khasra No. 117 area 0. 06 acres and 118 area 0. 09 total 0. 15 acres of Mouja Chapdagahan Tehsil Seoni, Malwa, district Hoshangabad. The land has several houses, Badi, water pump and fruit bearing trees. Raghunath died in the year 1948. His son Kaluram succeeded him. After the death of Raghunath, Kaluram became occupancy tenant and by operation of M. P. Land Revenue Code, 1959 became the Bhumiswami of the suit land. In July, 1985 deceased defendant Kishanlal and his three sons Balram, Rameshwar and Gambhir Singh threatened Kaluram of dispossession from the suit property, therefore, Kaluram filed the present suit claiming permanent injunction restraining Kishanlal and his sons from interfering with his possession over the suit property.