RAMSINGH Vs. DHANARAM

JUDGEMENT

(1.) The appellants has filed the present second appeal challenging the judgment and decree dated 14.11.2011 passed by Ist Additional District Judge, Seoni, in Civil Appeal No.03-A/2011, whereby while affirming the judgment and decree dated 10.08.2010 passed in Civil Suit No.68-A/2009 by the trial Court, has dismissed the first appeal filed by the appellants/plaintiffs.

(2.) The appellants/plaintiffs filed a Civil Suit before the trial Court for declaration to the effect to cancel the name of defendant no.1 recorded in the revenue record in respect of the disputed land.

(3.) According to the plaint averments, the land bearing no.54 area 20.46 acre from the year 1917 to 1954-55 having been recorded in the name of grand father Shyamlal and Vishnu, vishnu father of the plaintiffs, and at the time of renumbering the new khasra numbers the name of their father Vishnu got recorded together with the name of defendant no.1 jointly in the revenue record. It is also pleaded that as the father of the plaintiff Vishnu was an illiterate villager while the father of the defendant was Patwari of the Patwari halka No.92 and taking the undue benefit of illiteracy of their father surreptitiously using the power and High Court of Madhya Pradesh authority vested him the name of the defendant no.1 was got recorded in the revenue record. On moving application by the defendant for seeking partition of the land before the Tahsildar Seoni thereon by registering a case when the plaintiff were served with notice the said fact came to know then they moved application under Section 170 (Kh) of M.P. Land Revenue Code before the SDO which was dismissed, hence the present suit was filed by the plaintiffs before the trial Court.