ISHWARSINGH Vs. PRAHALADSINGH

JUDGEMENT

(1.) The present second appeal is arising out of the judgment and decree dated 20/9/2012 passed by learned 2nd Civil Judge, Class 2, Mahidpur in Civil Suit No. 26A/2011 by which the trial Court has passed a decree restraining the defendant therein from interfering with the peaceful possession of the plaintiff.

(2.) The second appeal is also against the judgment and decree dated 27/09/2017 passed by the learned Additional District Judge, Mahidpur, Distt. Ujjain in Regular Civil Appeal No. 17A/2012, by which the appellate Court has affirmed the findings of fact arrived at by the trial Court.

(3.) Facts of the case reveal that the plaintiff who is title holder of the property in question ie., agricultural land bearing Survey No. 335/1, area 0.79 are, has filed Civil Suit claiming declaration and permanent injunction. It was stated by the plaintiff that he is in possession of the suit property and the defendant was trying to forcibly evict him.