BHOGIRAM AND ORS. Vs. SHER SINGH AND ORS.

JUDGEMENT

(1.) This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 9-8-2011 passed by 1 st Additional District Judge, Guna in Civil Appeal No. 26A/2010, thereby affirming the judgment and decree dated 31-8-2010 passed by 1 st Civil Judge Class 1, Guna in Civil Suit No. 26A/2008.

(2.) The necessary facts for the disposal of the present appeal in short are that the plaintiffs/respondents No. 1 to 4 had filed a civil suit for declaration of title and permanent injunction on the ground that the plaintiffs no.1 and 2 are real brothers, whereas plaintiff no. 3 is their sister and Rambaran Singh is also their brother (Initially, Rambaran Singh had not filed the suit, but it appears that later on by order dated 13-3-2009, passed by the Trial Court, Rambaran Singh was impleaded as plaintiff). The plaintiff no.2 and 4 were working in Military whereas the husband of plaintiff no.3 was also in Military. It was pleaded that the plaintiff no.1 was looking after the lands of plaintiffs no. 2 to 4 and all the defendants are trying to take forcible possession of the lands.

(3.) It was pleaded that the plaintiffs are the owner and in possession of agricultural land bearing Survey No. 836/1 area 21.109 hectares situated in village Karod, Tahsil Guna, Distt. Guna. The plaintiffs have sown Soybean crop with the help of original owner. It was pleaded that the plaintiffs have purchased the said land by registered sale deed dated 28-7 -2008 from its original owners Deenbandhu, Vijaybandhu, Alok Bandhu, Savita, Pratibha, MaltiDevi, Vandana, Archana,Parmeshwaridayal, Ramesh, Laxmikant, Sarveshwari, Usha, Mithlesh, Umesh, Dinesh, and Urmila bai and the possession of the land in dispute was also handed over to the plaintiffs. The legal representatives of Govindrai etc., had filed filed a civil suit against Kunjbihari in the Court of 2nd Civil Judge Class 1, Guna for declaration of title and possession which was registered as C.S. No. 82A/1993, and the said suit was dismissed by judgment and decree dated 20-4-1999, by holding that Kunjbihari and others are the owners. An appeal was filed, which too was dismissed by Judgment and Decree dated 10-9-1995. Thereafter, Bhagwan Singh etc had filed an application before the Court of Naib Tahsildar for declaring them as a Bhumiswami and for recording their possession which was registered as 13A-74/84-85. The moment, Kunjbihari came to know about the order dated 19-8-1995, they immediately filed an appeal before the Court of S.D.O., Guna which was registered as 44/Appeal/87-88 and the order of Naib Tahsildar was set aside. It was further pleaded that the plaintiffs are in possession of the land in dispute, from the date of the sale deed executed by Deenbandhu and others. The plaint was amended and it was further pleaded that the family dispute between legal representatives of Govindrai, namely Krishnagopal Shrivastava and legal representative of Shri Niwasrai namely Kunj Biharilal and Brijbhushan has been settled and in the Civil Suit, it was held that the property in dispute is a joint property and it has held that the plaintiffs and defendants no. 1 and 2 (in earlier suit) are in joint possession, and it was held that the defendants no. 1 to 17 were neither found in possession nor they were found to be the owners and the said findings has attained finality.