DILIP KUMAR Vs. VIJAY BAHADUR SINGH

JUDGEMENT

(1.) HEARD on admission. This appeal is filed by the objector against the judgment and order dated 8-2-2008 passed by the Second Additional District judge (FTC) Ganj Basoda, District Vidisha, in Civil Appeal No. 25-A/08, by the said order, the Second Additional District Judge dismissed the appeal filed by the appellant and affirmed the order dated 17-9-2007 passed by the Executing Court, Ganj basoda, in Execution Case No. 20-A/63x94, whereby objection of the appellant was rejected.

(2.) SHORT facts of the case are that Maan singh, father of respondent Nos. 1 and 2 and husband of respondent No. 3 filed a suit bearing Civil Suit No. 20a/63x94 against pratap S/o Hukum Singh and State of madhya Pradesh through Collector, Vidisha, in the Court of Civil Judge Class-II, Basoda, which was decreed on 11-11-1965. Trial court directed that defendant No. 1 Pratap singh shall hand over the possession of the disputed land (Survey Numbers 143, 146, 152, 164, 169, 185, 186, 188 and 205 situated in Village Madiya Peeniya, Tahsil basoda, District Vidisha) within one month from the date of the judgment. In case of default of handing over possession as above, the defendant No. 1 shall pay mesne profits to the plaintiffs @ 504. 70 Paise, which is ten times of the land revenue payable as per ex. D/7. In view of the provisions of Section 202 (7) and 250 (6) of the M. P. Land Revenue code, 1959. Trial Court also declared that the plaintiff is Bhumiswami of the disputed land.

(3.) DEFENDANT No. 1 challenged the said judgment and decree before the Additional judge Ganj Basoda to the Court of District judge, Vidisha, by filing Civil Appeal No. 27-A/93, which was dismissed on 22-7-1994.