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ANJULI PALO
Maganlal – Appellant
Versus
Modi Co-operative Society Ltd. – Respondent
JUDGMENT
1. This appeal under Section 96 of the Code of Civil Procedure has been preferred by the appellants/defendants being aggrieved by the judgment and decree dated 28.02.2006 passed by the XII Additional District Judge, Fast Track Court, Jabalpur in Civil Suit No. 53-A/2003, whereby learned Court below passed the decree against the present appellants/defendants to deliver vacant possession of the suit land to the respondent/plaintiffs.
2. In brief, the case filed by the respondent is that the respondent/plaintiff is a registered co-operative society working through its President. The suit land bearing Khasra No. 44 was purchased by the Society to establish a school. Remaining land was sold to different shareholders after plotting the area. The appellants/defendants encroached some part of the disputed land which is shown in the suit map. They are not ready to vacate the land. The appellants/defendants denied the claim of the respondent/plaintiff and pleaded that the suit land was granted to them by Late Ishwari Prasad with the consent of his father. Their names have been mutated in the year 1984-1985. They have not encroached upon the suit land. They are in possession of the su
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