JUDGMENT :

This is an second appeal filed under section 100 of the C.P.C. by the defendants against the judgment & decree dated 19.2.1996 passed by Civil Judge, Class-II, Khategaon in Civil Suit No.68-A/1980 and judgment & decree dated 18.7.2001 passed by Addl. District Judge, Kannod, District Dewas in Civil Regular Appeal No.92-A/1996.

2. Facts of the case, in short, are as under :

(i) Sher Mohmmad/Respondent No.1( herein after referred as ‘Plaintiff’) filed the suit for declaration of title and permanent injunction against his own father – Abdul Khan, (now dead). According to the plaintiff, till 1952-53, he lived with his father and three brothers in Village Janjalkhedi, Tehsil Kannod.

Thereafter, dispute arose between his wife and mother; therefore, he was separated from the family by his father hence he shifted to Harangaon along with his family. In the year 1953, he purchased the land bearing Survey No.245, 246, 247, 248, 251, 252, 253 and 254 total area 7.523 Hect. (Hereinafter referred to as “the suit property”) from Nandu Maharaj in Rs.1,500/-. He got the sale-deed registered in the name of his father – defendant No.1 and also got mutated his father's name in the revenue record