TEK SINGH AND OTHERS Vs. SONELAL

JUDGEMENT

(1.) The defendant No.s 5 and 6 have filed this second appeal under section 100 of the Code of Civil Procedure challenging the judgment and decree dated 10.03.1995 passed by the learned 8th Additional District Judge, Jabalpur in Civil Appeal No.6-A/1991, wherein setting aside the judgment and decree dated 31.01.1991 passed by learned 12th Civil Judge, Class-II, Jabalpur in Civil Suit No. 10-A/1989 and judgment and decree have been passed in favour of the plaintiff/respondents.

(2.) This appeal was admitted by this Court vide order dated 29.09.1995 and amended vide order dated 08.05.2017 on the following substantial questions of law:

(3.) The factual matrix of the case in short are that, it is disputed that the suit lands are khasra number 238/2 admeasuring 0.930 Hectare and khasra number 239/2 admeasuring 0.324 Hectare situated at village-Bheeta, Thasil and District Jabalpur. Babulal died on 22.08.1980. Mugiya Bai died on 23.08.1979. The plaintiff Sonelal @ Sonilal had given a notice on 14.12.1980. The defendants 1 to 4 are the legal heirs of the deceased Babulal. The legal heirs of the plaintiff Sonelal @ Sonilal are the respondents 1.2 to 1.6.