SEVA RAM Vs. SUGAN BAI

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 15.1.1993 passed by the learned Vlth Additional District Judge, Ujjain in Civil Appeal No. 25- A/91 whereby the judgment and decree passed by the learned IVth Civil Judge Class-II, Ujjain in Civil Suit No. 38-A/90 decreeing the suit of plaintiff dated 30.4.1991 has been affirmed, defendant-appellant Sevaram has come up in this second appeal knocking the doors of this Court under section 100 of the Code of Civil Procedure, 1908.

(2.) IN brief, the suit of plaintiff Sugan Bai is that defendant No. 1 Ranchhod was Bhumi-swami of the agricultural land survey No. 13 total area 7.577 hectare. Out of the total area 7.577 hectare, defendnat No. 1 Ranchhod sold an area 2.090 hectare to appellant-defendant No. 2 Sevaram. Defendant No. 1 Ranchhod further sold an area 1.098 towards southern side to plaintiff- respondent No.1. Accordingly, the revenue record was also corrected by mutation.

(3.) DEFENDANT -appellant by filing written statement refuted the plaint averments of the plaintiff, inter- alia, raised objection about jurisdiction of the civil Court.