SURENDRA KUMAR Vs. MITHILESH KUMARI

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This appeal has been preferred by the defendant against the decree granted in favour of the plaintiff/respondent No. 1 for declaration of Bhumiswami rights as well as perpetual injunction. Order of Naib Tahsildar,Basoda dated 6.8.83 has also been held to be void and ineffective.

(3.) Shri Brijesh Sharma, learned counsel for the appellant submitted that neither the plaintiff nor her power-of-attorney holder entered into witness box, therefore, the suit could not have been decreed in favour of the plaintiff. Reliance for this purpose is placed on 2005 (1) MPLJ 421 (Janki Vashdeo Bhojwani and another v. Indusind Bank Ltd. and others). Secondly, it is contended that the appellant purchased the suit land from one Rajjulal Bismillah vide registered sale-deed, who had acquired title by adverse possession.