RAMJI KHARYA Vs. MURLIDHAR

JUDGEMENT

(1.) THE appellants-plaintiffs after getting unsueccess in both the Courts below have preferred this appeal under section 100 of the CPC, being aggrieved by the judgment and decree dated 6.10.1990 passed by the II Additional District Judge, Tikamgarh in Civil Regular Appeal No. 8-A/89 confirming the judgment and decree dated 14.1.1988 passed by the Civil Judge, Class-I, Jatara in Civil Original Suit No. 9-A/84 regarding dismissal of the suit of the appellants.

(2.) AS per factual matrix of the case, the appellants had filed a suit for declaration and perpetual injunction against the respondents in respect of revenue paid land situated at village Palera bearing survey No. 1085/1 area 0.101 and ssurvey No. 1085/3 area 0.16 hectare.

(3.) SOME road was developed on part of the aforesaid land. Thus, the same has become valuable. Due to this reason the respondent No. 1 to 4 in conspiracy with deceased defendant No. 5 said Lula has got registered sale deed in their favour from him regarding aforesaid land while the same was illegal, false and bogus as Lula was not having any right or interest in respect of the entire land. Thus, the transaction held between Lula and respondent No. 1 to 4 is not binding against the appellants. It is also pleaded that on demise of Ganesh the name of predecessor of the appellants and the alleged legal representatives of him Mula Bai and Gouri Bai have been mutated in the records of right, vide dated 24.4.1978 at the place of Ganesh. On creating some undue disturbance by respondent No. 1 to 4 in possession of the appellants, the suit was filed by them as said above.