KESHARBAI Vs. MOTI

JUDGEMENT

(1.) RESPONDENT No. 1 Moti filed a suit (C.S. No. 124 -A of 68) in the Court of the Civil Judge Class II, Mungaoli for a declaration of his title to survey No. 15 (2 Bighas 17 Biswas) and survey No. 40 (8 Bighas 10 Biswas), situ -ate at the village of Ghanshyampur, Tahsil Mungaoli District Guna, and for restraining appellant No. 1 Mt. Kesharbai and appellant No. 2 Mt. Tulsabai and their mother Smt Parmobai from interfering with his possession over the suit lands.

(2.) THE defendants filed a joint written -statement. Later on 9 -9 -1970, which was not the date of hearing in the suit, plaintiff Moti and defendant No. 2 Mt. Tulsabai (present appellant No. 2) filed a compromise petition, slating therein that Smt. Tulsabai's one -third share in the suit lands may be declared as the plaintiff's in 'Bhumiswami' right, and that he was to con -tinue to be in possession there of a 'Bhumiswami'. The trial Judge recorded their statements on oath and endorsed "Verified and Accepted". Afterwards, the plaintiffs and the defendants 1 and 3 gave evidence on the merits of the case. The claim was decreed in full on 1 -2 -1972.

(3.) SMT . Parmobai died on 4 -11 -1975. On 2 -2 -1976 surviving appellant Mt. Kesharbai and proforma respondent No. 2 Mt. Tulsabai filed an application for being brought on record as the legal representatives of deceased Smt. Parmobai. The application was allowed. On amendment of the memorandum of appeal Mt. Kesharbai became appellant No. 1 and Smt. Tulsabai became appellant No. 2. After the latter's name was struck off from the array of respondents. Later the State of Madhya Pradesh was impleaded as respondent No. 2 to comply with the provisions of Order 1, Rule 3 -BCode of Civil Procedure.