RAMSINGH & ORS. Vs. BHANWARLAL & ORS.

JUDGEMENT

(1.) This appeal has been admitted for final hearing vide order dated 14.05.1999 on the following substantial questions of law :-

(2.) The appellants have filed a civil suit for declaration of title and for permanent injunction against the respondents on the allegations that suit property consisting of Survey No.59 situated in Khilchipur stands in the name of appellants and the respondents. It was alleged that a total area of 1.582 Hectares of the suit property is under the possession of the appellants for more than 60 years and neither the respondents nor Jagannath(respondent No.17) were ever in possession of this land. The respondents had no title over the land but the land stands in the name of the respondents and by the reasons of the provisions of Section 168 of M.P. Land revenue Code, 1959, they had acquired Bhoomiswami rights over the said land. According to the plaintiffs, the respondents moved an application for partition before the Tehsil Court and the Tehsil Court despite the objections of the appellants paid no heed to the objections and allowed the prayer and, therefore, the suit for declaration of title.

(3.) As per written statement filed by the respondents, they have stated that the appellants and respondents are members of Hindu Family and are co-sharers of the property and, therefore, they cannot claim title on the basis of their possession nor any right/title have been acquired in their favour.