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2010 Supreme(MP) 203

A.K.SHRIVASTAVA
Badri Prasad – Appellant
Versus
State of M. P – Respondent


JUDGMENT

A.K. Shrivastava, J.

1. Shri Katare is heard on the question of admission.

2. By this second appeal, the Plaintiffs are assailing the judgment and decree passed by the learned First Appellate Court reversing the decree passed by the Trial Court decreeing the suit of the Plaintiffs.

3. A suit for declaration of Bhumiswami right and injunction has been filed by the Plaintiff on the ground that he is the Bhumiswami of the disputed property which is the subject matter of the suit and because the Defendant/State Government and its employees are trying to interfere in the possession of the Plaintiff, hence, it be declared that Plaintiffs are the Bhumiswami and are also in possession of the suit property and further, the Defendant be restrained from interfering in their possession.

4. The Defendant/State Government did not file any written statement.

5. The Plaintiff has filed one document (Exh. P-1) alleged to be khasra of Samvats 2037 to 2040 to demonstrate his Bhumiswami right as well as possession. The Plaintiff also examined himself, but no evidence was adduced by the Defendant. The learned Trial Court decreed the suit of the Plaintiff, however, in appeal which was filed by the De










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