BABULAL Vs. BHURELAL

JUDGEMENT

(1.) THIS second appeal under section 100 of Civil Procedure Code is directed against the judgment and decree dated 9.1.1980, in Civil Appeal No. 7-A/77, by District Judge, Dhar, affirming the judgment and decree dated 31.1.1977 in Civil Suit No. 4-A/74, by Civil Judge, Class II, Dhar, whereby the suit of the plaintiff- respondent No. 1 Bhurelal for declaration and possession of the suit land, was decreed.

(2.) THE plaintiff-respondent No. 1 Bhurelal filed a suit claiming title on the suit land bearing Survey No. 1162/1, situate at village Gavliwada, Distt. Dhar. The said land is recorded as grazing land.

(3.) IN the year 1969 the defendants started disturbing the possession of the plaintiff-respondent No. 1 over the suit land. Hence, the plaintiff initiated proceedings u/s 145 of CrPC, against them. The Sub-Divisional Magistrate however, upheld the possession of the defendants over the suit land. Hence, this suit was filed by the plaintiff-respondent No. 1 on 7.1.1974, against defendants Balaram and Babulal - the present appellant. The defendant No. 1 Balaram remained absent in the proceedings of the suit and was proceeded against ex-parte.