SUSHILA BAI Vs. KESHAR BAI

JUDGEMENT

(1.) The plaintiff feeling aggrieved by the judgment and decree dated 15.4.2000 passed by learned District Judge Guna dismissing the appeal No. 18-A/96 of plaintiff and there affirming the judgment and decree passed by learned Third Civil Judge Class II, Guna in Civil Suit No. 142-A/92, dismissing her suit on 20.12.1995, has filed this second appeal.

(2.) The plaintiff filed a suit for declaration of Bhumiswami rights and for grant of injunction in respect of certain agriculture land which is the subject matter of the suit and the discription whereofhas been mentioned in the plaint. Lateron the plaintiff by amending the relief clause also sought a decree of possession, in case, she is not found in possession of the suit property as well as for a decree of mesne profit at the rate of Rs. 2,000/- per annum.

(3.) In brief the case of plaintiff is that one Bhanwar Lal Lodha was the Bhumiswami of the suit property and vide registered sale deed dated 16.3.1981 for a consideration of Rs. 5,000/-, he sold the suit property to the plaintiff and also delivered possession to her. It has also been pleaded by the plaintiff that after purchasing the suit property her name has also been mutated in the revenue record. By amendment, it has also been pleaded by the plaintiff that defendant No.1-Lakhmichand and defendant No.3-Kammoda on 11.5.1981 executed an affidavit before the Notary, Guna admitting the right of the plaintiff in the suit property. However, lateron the defendants started disowning the right of plaintiff and also created hindrance when the plaintiff started to cultivate the land. Hence, a suit for declaration of Bhumiswami rights and injunction has been filed with a further prayer that in a case it is found that plaintiff is not in possession, the possession of suit property be also delivered to her.