RATANSINGH Vs. LATE DHANSINGH

JUDGEMENT

(1.) This appeal has been filed by the plaintiff against the judgment and decree dated 17/12/2007 passed in Civil Suit no. 11-A/2007 by the learned Additional District Judge, Jobat, Dist Jhabua, by which, first appeal has been dismissed, whereby affirmed the judgment and decree dated 19/03/2007 passed in Civil Suit no. 15- A/2006 by the Civil Judge, Class-II, Jobat, Dist- Jhabua.

(2.) The plaintiff filed a suit for declaration, possession and permanent injunction against his own father Dhansingh / Defendant no. 1. Defendant nos. 2 and 3 are the real brothers of the plaintiff. According to the plaintiff, defendant no. 1 is the owner of the agriculture land situated at Gram Semalkhedi at various survey numbers total area 3 hectares. Likewise, defendant nos. 2 and 3 are also the owner of the various land and their Kharas are mentioned in para no 2 and 3 of the plaint.

(3.) The plaintiff has contended that defendant no. 1 has given his share to him in the property seven years back and separated him from the family and till then, he is in possession over the survey nos. 115/2, 380/1, 653/3, 682/4, 682/5, 682/8 total area 0.88 hectares and cultivating the same and residing in the half portion of the house.