ALLAHRAKHI BAI Vs. PARASCHAND

JUDGEMENT

(1.) Parties through their counsel.

(2.) Present second appeal is arising out of the judgment dated 16.05.2013 passed by the Civil Judge, Class-II, Khilchipur, Distt.-Rajgarh in Civil Suit No. 14A/2011 by which the suit has been decreed. An appeal was preferred by the defendants i.e. Civil Regular Appeal No. 01A/2013 decided on 19.08.2015 and the appeal of the defendant has been dismissed, meaning thereby, concurrent findings of facts have been arrived at by both the courts below.

(3.) The facts of the case reveal that the respondents before this Court (Respondents Nos. 1 to 9) are the plaintiffs in civil suit No. 14A/2011 filed on 18.10.2010 for declaration, possession and mesne profit against the present appellant and respondent Nos. 10 and 11. It was contended by the plaintiffs that the plaintiffs' predecessor-Harakchandra was Bhumiswami of the disputed agricultural land situated in village-Chhapiheda, Tehsil-Khilchipur, Distt.-Rajgarh and the defendants' predecessor-Umraokhan S/o Wazir Khan has filed a suit for declaration claiming Bhumiswami Rights.