VILASRAO KADRE Vs. RAMLAL

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and confirmatory decree of Third Additional District Judge, Vidisha, dated 27th November, 1991 whereby the judgment and decree of the trial Court i.e. Second Civil Judge, Glass -II, Vidisha, dated 8.9.1986 was confirmed. The trial Court had dismissed the suit of the plaintiff.

(2.) THE plaintiff filed a suit on 27th August, 1979. The plaintiff had purchased the suit land measuring 4 Bighas 7 Biswas (falling in four survey numbers) with certain specified areas out of every survey number. This land was allegedly purchased by the appellant/plaintiff from his father Martandrao and father's brother Purshottamrao. It was also alleged that the sold area is not more than the share of these vendors in the alleged survey numbers. Possession had been claimed by the appellant/plaintiff. A grievance was raised that the defendant/respondent was attempting to interfere with the plaintiff's possession and so the suit filed was for a declaration of ownership of the plaintiff in the lands as also for injunction against interference in the possession. However, by way of amendment apart from the claim of ownership a relief of possession of the lands was also claimed alongwith the prayer for damages at a particular rate.

(3.) THE suit had been tried on the following issues: