BABULAL Vs. RANDHIR SINGH

JUDGEMENT

(1.) This appeal under section 100 CPC by the plaintiffs' is directed against the judgment and decree dated 31/01/2007 passed in civil appeal No.2A/2003 by Additional District Judge, Sironj District Vidisha confirming the judgment and decree dated 09/12/2002 passed in civil suit No.126A/2001 by Civil Judge, Class -I, Sironj District Vidisha.

(2.) The trial Court has decreed the suit inter alia holding that the plaintiffs' are lawful owners of the agricultural land admeasuring 0.803 hectare out of 1.581 hectare falling in survey No.2455 situated in village Sironj, District Vidisha. However, for the reason that the suit land/plot 30 feet x 60 feet which was alleged to have been encroached by the defendant No.1 was not identifiable as to whether the same fell in the land of plaintiffs' ownership, the trial Court has refused to grant the injunction. Accordingly, the suit is partially decreed. On appeal, the first appellate Court has concurred with the findings and confirmed the judgment and decree passed by the trial Court.

(3.) Learned counsel for the appellants' has laid emphasis on exhibits P/2, P/3 and P/6 to bolster his submission that the suit land falls within the land of the ownership of plaintiffs'. Exhibit P/6 is the document; a registered sale deed dated 01/07/1983 by which the land in question has been transferred in favour of the plaintiffs' by its original owner whereunder the boundaries of the suit land have been described. Exhibit P/2 is an order dated 23/09/1999 passed by the Naib Tahsildar, Sironj allowing the application under sections 109 & 110 of the Madhya Pradesh Land Revenue Code, 1959 filed for mutation in the revenue record by the plaintiffs'. The said order has been affirmed by the Sub Divisional Officer, Sironj by exhibit P/3 dated 14/11/2000.