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2022 Supreme(SC) 1056

M. R. SHAH, KRISHNA MURARI
Kesar Bai – Appellant
Versus
Genda Lal – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Arjun Garg, AOR Mr. Aakash Nandolia, Adv. Sagun Srivastava, Adv.

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur in Second Appeal No. 8 of 1999, the original defendant has preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:-

2.1 That the respondent No.1 herein – original plaintiff filed a suit seeking declaration of ownership and permanent injunction against the defendant with regard to the suit property. The original plaintiffs claimed the title/ownership on the basis of the registered Sale Deed executed on 31.08.1967 in favour of their father and husband Dariyab Singh. The plaintiffs also claimed the title on the basis of the adverse possession. The learned Trial Court dismissed the suit.

2.2 The original plaintiffs preferred the appeal before the First Appellate Court. The learned First Appellate Court though held that the plaintiffs shall not get any right on the basis of the Sale Deed dated 31.08.1967 (Ex.P.1), decreed the suit for permanent injunction observing that the plaintiffs are in possession of the suit land. The First Appellate Court also held that therefore, the plainti


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