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ASHOK KUMAR JOSHI
Dharamveer – Appellant
Versus
Maharaj Singh (Died) through LRs. 1(a) Mahila Bhato – Respondent
1. Appellants/original defendants No. 1 to 5 have filed this second appeal under section 100 of CPC against the judgment and decree dated 29.8.2017 passed by the First Additional District Judge, Shivpuri in regular Civil Appeal No. 500025/14, whereby the judgment and decree dated 26.3.2014 passed by the Fourth Civil Judge, Class-II Shivpuri in Civil Suit No. 17A/2013 was reversed.
2. The trial Court has dismissed the suit filed by the plaintiffs/present respondents No. 1 to 6 for declaration of title regarding their 2/9 share in the disputed agricultural land bearing survey Nos. 85,86,95,96 and 99 of village Bharka, Tehsil and District Shivpuri and for a perpetual injunction against the defendants, but the lower appellate Court has decreed the plaintiffs' suit.
3. Original plaintiffs, who were LRs of the two real brothers Maharaj Singh and Lalaram, resident of village Bharka filed suit on pleadings that the plaintiffs and original defendants No. 6 to 17 are owners and possession holders of the suit lands. The great grandfather of the plaintiffs, Paramsukh was real brother of Nathua and each bro ther was having 1/9 share in the disputed lands. After the death of Paramsukh, his so
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