1. This second appeal has been filed under section 100 of CPC against the judgment and decree dated 24.12.2005 passed in Civil Appeal No. 22-A/05 by learned First Additional District Judge, Shivpuri, M.P. reversing the judgment and decree dated 25.5.2005 passed in Civil Suit No. 7-A/04 by Second Civil Judge, Class-II, Sheopur, M.P.

2. The brief facts of the case are that respondents/plaintiffs filed a suit for declaration and injunction with respect to land bearing survey No. 230/1 area 1.672 hectare and survey No. 447 area 0.058 hectare situated at village Fatehpur, District Shivpuri. It is alleged by the plaintiffs that the disputed land was purchased by them through registered sale deed in the year 1990-91 and behind the back of the plaintiffs, land has been got recorded by defendants No. 1 to 3 in the revenue record on the basis of order passed by Tahsildar on 27.7.1995 which was illegal, therefore, suit has been filed for declaration and permanent injunction.

3. Defendants No. 1 and 2 did not file written statement in the trial Court. Defendent No. 3/appellant has filed the written statement alongwith counter claim seeking the relief of Bhumiswami rights as well as injun