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1987 Supreme(MP) 419

GULAB C.GUPTA
Sheelawanti – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:M. Jaiswal, Advocate
For Respondents/Defendant:G.C. Jain, Advocate

JUDGMENT

Gulab C. Gupta, J.

1. This is plaintiffs appeal under section 100, C.P.C. and is directed against the judgment and decree dated 3.8.1982, passed by II Addl. Judge to the Court of District Judge, Sagar in Civil Appeal No. 30-A of 76, reversing the judgment and decree, dated 2.7. 1976, passed by I Civil Judge, Class II, Sagar in Civil Suit No. 3-A of 72 and dismissing the appellant's suit for declaration of title over the suit lands and permanent injunction restraining the respondent from disturbing his possession.

2. The suit land is a plot measuring 13854 Sq. feet shown as 'ABCD' in the plaint map situated at Tilak Gunj, Sagar. Case of the appellant is that the suit plot was the personal property of Hardas Dubey, the then Malguzar of the village. The said Hardas Dubey sold the plot to Bhagwati Prasad on 30th March, 1951 vide a registered sale-deed. Ex. P. 2. The said Bhagwati Prasad's son Shri Gopi Krishna inherited the plot after the death of Bhagwati Prasad as Karta of the family and sold the same to the appellant for a sum of Rs. 3,000/- by a registered sale-deed, dated 30th November, 1970, Ex. P-l. The appellant claims to be in possession of the suit plot since then. It w







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