KANWARLAL Vs. MEHTAAB BAI

JUDGEMENT

(1.) Heard finally with consent.

(2.) By this miscellaneous petition under Article 227 of the Constitution, the defendant No.1 in the suit (since deceased) has challenged the order of the lower appellate court dated 16.1.2018 whereby temporary injunction has been granted in favour of the respondents-plaintiffs.

(3.) The respondents-plaintiffs have filed the suit for declaration and permanent injunction with the plea that the suit property was of the ownership and in possession of the Prema Bhil, husband of the respondent No.1 and father of respondents No.2 to 6, and after the death of Prema Bhil the name of the respondents-plaintiffs was recorded in the revenue record and since then the respondents are cultivating the land but the petitioner had initially tried to dispossess them and thereafter had initiated the revenue proceedings for partition of the suit land. Hence the present suit was filed.