U.C. Maheshwari, J.

1. The appellant/defendant has preferred this appeal under Section 100 of CPC being aggrieved by the judgment and decree dated 26-2-2005 passed by 11th Additional District Judge, Bhopal in Regular Civil Appeal No. 91-A/04 reversing the decree of dismissal of the suit passed by 7th Civil Judge Class-II, Bhopal in Civil Original Suit No. 119-A/02, vide dated 20-7-2003.

2. The facts giving rise to this appeal are that the respondent Nos. 1 to 3 being plaintiff has filed a suit against the appellant and respondent Nos. 4 to 9 for declaration of title and permanent injunction in respect of agricultural land bearing Survey No. 93 area 1.44 acre situated at Village Mungalia.

3. As per averments of the plaintiff the respondent Nos. 1 to 3 had purchased the aforesaid land with some other land total area 38.23 acres from its earlier Bhumiswami Kashiram vide registered sale deed dated 28-4-1965. The same was executed in favour of respondent Nos. 2 and 3 only by virtue of it the same was mutated in their name in the revenue record since then they are remained in possession of it. The appellant and respondent Nos. 4 to 8 or their predecessors had no right and interest in t