KAMAL SINGH RANJIT SINGH Vs. BHAWARIBAI

JUDGEMENT

(1.) THE defendants feeling aggrieved by the judgment and decree dated 11-8-1993 passed by learned District Judge Bhopal in Civil Appeal no. 4-A of 1992 whereby the judgment and decree passed by trial Court has been affirmed, have filed this second appeal.

(2.) THE facts leading to this appeal lie in narrow compass. One Khandhar (the ruins of a house) admeasuring 18" x 17" is the subject matter of the suit. The four boundaries of this Khandhar are mentioned in the map annexed to the plaint. The present suit has been filed by the plaintiff Badan Singh for injunction against the defendants on the averments made in the plaint that he purchased the suit property vide registered sale-deed dated 29-9-1984 from one Karan Singh for a consideration of Rs. 1000/- and obtained its possession. It is the further case of the plaintiff that when he tried to raise construction on the disputed property, the defendants restrained him though he has legally obtained sanction and permission to construct the suit property from Gram Panchayat, Chatahedi on 1-10-1994. Thus the suit for injunction has been filed by the plaintiff on the basis of title that defendants should not interfere in his possession and should not dispossess him.

(3.) THE defendants refused the plaint averments and pleaded therein that the suit property is the ancestral property of the defendant No. 1 to 7. Earlier it was in a shape of complete house, but later on it became dilapidated. The defendants no. 2 to 7 are still using the suit property. The defendants further denied that plaintiff has purchased suit property from Karan Singh. According to the defendants, Karan Singh never sold the suit property to the plaintiff. The defendants prayed that the suit be dismissed.