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2016 Supreme(MP) 693

VIVEK RUSIA
Ashish – Appellant
Versus
Nageshwar – Respondent


Advocates:
Sandeep Shukla for petitioner; Akhilesh Sharma for resapondent No.1; Ajay Vyas for respondent No.2; M. M. Bohra for respondent No.3.

ORDER

1. Petitioner has filed the present petition being aggrieved by the order dated 30.7.2014 by which he has been directed to properly value the suit and pay the court-fees under section 8 of the Suits Valuation Act.

2. Petitioner/plaintiff filed a suit for declaration and permanent injunction. It is contended that defendants No.1 and 2 entered into an agreement to sell with plaintiff the agricultural land bearing Survey No.683/2, area 1.024 hectares situated at Gram Digtan, Tahsil and District Dhar. On 4.6.2000 as per the terms of the sale agreement, an amount of Rs.1,00,000/- was paid by the plaintiff and possession was obtained and since then the plaintiff is in possession over the suit land and cultivating the same. The balance amount was paid on 21.4.2001 but the sale deed could not be executed on the assurance given by the defendant No.2. The possession continued for a period of 13 years, therefore, plaintiff has acquired the title by way of adverse possession. On 11.6.2013 defendants started interfering with the possession of the plaintiff and tried to evict him from the suit property, therefore, cause of action arose for filing the suit. Later on plaintiff came to know th

































































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