JUDGMENT

N.K. Mody, J.

1. Being aggrieved by the judgment dated 12.4.96 passed by 5th Addl. District Judge, Indore in Civil Appeal No. 6/92, whereby judgment and decree dated 25.2.92 passed by 12th Civil Judge Class I, Indore in Civil Suit No. 277-A/91, whereby suit filed by the respondent No. 1 for declaration, permanent injunction and possession was decreed, was maintained, present appeal has been filed.

2. This appeal was admitted for final hearing by this Court vide order dated 13.1.2003 on the following substantial questions of law.:

(1) Whether the lower appellate Court was justified in confirming the decree passed by the lower Court which had decreed the suit?

(2) Whether action on the part of the defendant by issuing notice Ex.P/9-C dated 23.2.84 to the plaintiff is legal and justified?

(3) What are the true rights conferred upon the plaintiff by virtue of Patta, Ex.P/2-C, dated 24.4.1949 in respect of the land in question?

3. Short facts of the case are that respondent No. 1 filed a suit on 26.9.86 alleging that respondent No. 1 is a co-operative housing society registered under the provisions of M.P. Societies Act,1960. It was alleged that respondent No. 1 society was establishe