JUDGMENT

1. This second appeal under section 100 of CPC has been filed against the judgment and decree dated 4.8.2011 passed by Additional District Judge, Karera, District Shivpuri in Regular Civil Appeal No. 8-A/2011 thereby reversing the judgment and decree dated 28.2.2011 passed by Civil Judge Class-II, Karera, District Shivpuri in Civil Suit No. 97-A/2009.

2. The necessary facts for the disposal of the present appeal in short are that the plaintiff/respondent had filed a suit for declaration of title and possession pleading inter alia that survey No. 1130 area 1.88 hectare situated in village Dhand, Tahsil Karera, District Shivpuri is the property in dispute. The old number of disputed property was 310/2 and 311/4 area 1.839 hectares. During bandobast both the survey numbers were consolidated and one survey No. 1130 area 1.88 hectares was made. The plaintiff/respondent along with other survey numbers had purchased the property in dispute from one Smt. Baro widow of Panjana by registered sale deed dated 4.7.1969 and on the said date itself the possession of the property in dispute was also given to the plaintiff/respondent. After the sale of her property in dispute, no right or ti