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2007 Supreme(Chh) 399

D.R.DESHMUKH
Resham Lal alias Badri Prasad – Appellant
Versus
Gosai Ram – Respondent


Advocates Appeared:
Shri A.N.Bhakta, Shri H.S.Patel and Shri A.K.Prasad counsel for the appellants
Shri Vimalesh Bajpai, counsel for respondents No. 1 to 5 Shrui Akhil Agrawal, P.L. for the State/respondent No.6

JUDGMENT

1. In this second appeal by the appellants/plaintiffs, the judgment and decree dated 06.09.2003 passed by the Additional District Judge, Sakti in Civil Appeal No. 24-A of 1998 is under challenge whereby the appeal was dismissed while affirming the judgment and decree dated 29.09.1998 passed in Civil Suit No. 116-A of 95 by Civil Judge Class-II, Sakti, whereby the plaintiffs' suit for declaration of title and possession of the suit land was dismissed.

2. The appellants/plaintiffs had pleaded that they had purchased land Kh.No. 433/1 area 0.28 acres (hereinafter referred to as the `suit land) situated in village Sakrali, Tahsil Dabhra, from one Sonsai vide registered sale deed 19.01.1967 for a consideration of Rs.300/- and had obtained possession thereof. The name of the appellants/plaintiffs was entered as owners of the suit land in Sansodhan Panji No.650 on 14.09.1968. In 1994, the appellants/plaintiffs learnt that after death of Sonsai the respondents/defendants had got their name mutated over the suit land. The application for mutation filed by the plaintiffs was rejected by the Revenue Court on 30.06.95. The respondents/defendants had unauthorisedly cut the crops of the s

















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