KHALIL AHMED Vs. LRS OF LATE SHRI CHHOTU

JUDGEMENT

(1.) This is second appeal under Section 100, C.P.C. filed by the defendants against judgment and decree dated 22.11.2008 passed by the Addl. District Judge, Parbatsar in Civil Appeal No. 13/2006, by which, judgment and decree dated 20.05.2006 passed by the Civil Judge (Senior Division), Makrana in Civil Suit No.07/91 (04/2004) was affirmed.

(2.) According to facts of the case, plaintiff-respondent filed suit for permanent injunction and partition before the trial Court. The trial Court after instituting the suit issued notice to the defendant-appellants and; thereafter, reply was filed by the defendant. On the basis of the pleadings of the parties, following issues were framed by the trial Court : <IMG>JUDGEMENT_380_RAJLW1_2010Image1.jpg</IMG>

(3.) At the trial for adjudication upon the afore-quoted issues, from the side of the plaintiffs three witnesses viz., P.W.-1 Chhotu, P.W.-2 Hazi Mohammed Ali and P.W.-3 Mohammed Harun were examined and documents Appendix-A appended to the plaint, Ex.-1, original sale-deed of the land, Ex.-2, certified copy of patta of the land, Ex.-3 and judgment and order of that Court in criminal proceedings were exhibited. From the side of the defendants, defendant Khalil Ahemd, D.W.-1, Mukhtiyar, D.W.-2 and Mohammed Harun, D.W.-3 were examined and no documentary evidence was adduced by the defendants.