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1990 Supreme(MP) 376

S.K.SETH, B.C.VARMA
Churamani S/O Ramprapanna – Appellant
Versus
Ramadhar S/O Ganesh Prasad – Respondent


ORDER

S.K. Seth, J.

1. The plaintiffs-petitioners filed a suit (C. S. No. 14-A of 1983) for declaration and permanent injunction against the defendants-respondents in the Court of Second Civil Judge, Class II, Satna. According to the plaintiffs, pursuant to partition of joint ancestral lands between the common ancestors of the parties, the suit lands had fallen to the share of Badri and Brijbhushan and the remaining lands had fallen to the share of Ramnivas. On the death of Badri and Brijbhushan, the suit lands had devolved on Suryadeen, Shyamsunder and Ramsunder and, thereafter, as a result of partition between the said persons, they finally devolved on the plaintiffs. On the other hand, after the death of Ramni was, the other lands had devolved on his widow Sarmania and after her death the said lands devolved on defendants Nos. 1 to 11.

2. According to the further case of the plaintiffs-petitioners, though the suit lands had devolved on them in the manner as stated above, and they continued to be in possession of the same since then, the names of defendants-respondents came to be wrongly recorded as Bhumiswami of the said lands in the land records in 1975-1976 due to some mistake. A





















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