MOTILAL PANDEY Vs. KAILASH PATHAK

JUDGEMENT

(1.) THE Second Appeal has been filed at the instance of defendant who has lost from both the Courts below. The suit for injunction filed by plaintiff/ respondent was decreed by the Trial Court and the appeal which was filed by the defendant has also been dismissed by the impugned judgment and decree.

(2.) IN brief the suit of plaintiff is that the parties to the suit are the resident of Village Hinotia (Bhui), Tehsil and District Jabalpur. The suit property is agricultural land, the description whereof has been mentioned in para 2 of the plaint, is in possession of plaintiff Kailash Pathak. The defendant is trying to take illegal possession of the suit property. It has also been pleaded that on 5-7-1995 when plaintiff went to plough the field, defendant did not permit him and also gave threat to kill, hence, the instant suit for injunction has been filed. The basis of suit, according to the plaintiff, is the sale-deed which according to him, was executed by defendant in favour of his father Ramsevak pathak somewhere in the year 1975. Further, it has been pleaded that his father who brought the suit property from defendant died in the year 1994 and on the death of his father he became owner of the suit property. It has also been pleaded by plaintiff that during his life time plaintiffs father gave disputed land to different persons on Shikmi basis.

(3.) THE defendant refuted the plaint averments by filing written statement and specifically pleaded therein that the sale-deed which was executed in favour of the father of plaintiff was as a security of loan which he took from him and it was not an out and out sale. Further, it has been pleaded in para 2 of the written statement that on account of repayment of the loan amount, plaintiffs father after making necessary endorsement in that regard on the sale-deed returned the original sale-deed to the defendant. It has also been pleaded by the defendant that possession always remained with him.