BHAGWANDAI Vs. STATE OF MP

JUDGEMENT

(1.) Heard on admission.

(2.) Appellants by this appeal challenging the judgment and decree dated 19/7/2002 passed by the Third Additional District Judge, Morena in Civil Appeal No. 5-A/2002, whereby the judgment and decree passed in Civil Suit No. 350-A/1999 dated 21.12.2001, passed by First Civil Judge, Class II Morena has been affirmed and suit of the appellants was dismissed.

(3.) Brief facts of the case are that the appellants filed a suit for declaration and permanent injunction in respect of area of 16 biswa of Surevey No. 304 of Village Jewarakheda, Tahsil and District Morena on the ground that this land is adjoining to the bhumiswami land of the appellants and their ancestors were using the land for thrashing floor (Khaliyan) and in the revenue record of Survey No. 96 name of Kalyan Singh was recorded and after death of Kalyan Singh name of Rakhan Singh was recorded in the Khasra Panchshala of Samvat 2007. The appellants are in possession of the land and therefore, they be declared owner and possession holder of the said land in question and respondent-State be restrained from allotting the land to any other person and not to interfere with the possession of the appellants.