BADRILAL AND OTHERS Vs. OMPRAKASH AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the plaintiffs against the judgment dated 5.7.2000 passed by the first Additional District Judge, Dewas in Civil Appeal No.7-A/1998, by which, the judgment and decree dated 16.5.1996 passed by the Second Civil Judge, Class-I, in Civil Suit No.23-A/1989 has been reversed.

(2.) The appeal has been admitted on the following substantial questions of law on 17.1.2001:-

(3.) The appellants/plaintiffs had filed the suit for declaration and permanent injunction against the defendants. As per the pleadings in the plaint, plaintiffs No. 1 to 7 are joint owner of the land bearing Survey No. 1554 area 6.805 hectors situated at Gram - Padliya, in which the plaintiffs No. 1 to 4 are having share each and plaintiffs No. 5 to 8 are having 1/2 share each. By way of registered sale deed dated 10.1.1979, father of plaintiffs No.5 to 7 Nathusingh had purchased the land being Survey No. 1556 area 0.283 RA situated at Gram Padliya from the predecessor of defendants No. 1 and 2. Both the land being surveys No. 1554 and 1556 were divided by weir (medh) which was being used by the defendants to approach their land being Survey No. 1550 are 0.543 hectors. The plaintiffs were already owner of the land bearing Survey No. 1554 and after purchase of land bearing Survey No. 1556, they became joint owner of both the land owners. They removed the weir and started cultivation both the land jointly. That, on 26.7.1989, the defendants had damaged the crops standing over the land of the plaintiffs by bullock -cart while approaching their land being Survey No. 1550. When the plaintiffs objected, the defendants started dispute, for which, a report was lodged in police station.