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G.S.AHLUWALIA
Kaluram Harijan – Appellant
Versus
Natwarlal Nagar – Respondent
JUDGMENT
1. Heard finally.
2. This appeal under Order 43 Rule 1(u) CPC against the order dated 8.8.2017 passed by 1st Additional District Judge, Guna in C.A. No. 51A/2016, thereby remanding the matter back to the Trial Court.
3. The necessary facts for the disposal of the present appeal in short are that the plaintiff/appellants had filed a suit for declaration of title, permanent injunction in respect of agricultural land bearing survey No. 576/1 area 1.380. It is the case of the appellants that Girdharlal and Navneet Lal were the owners of the said land. They had given to the appellants on Sikmi in Samvat 2023 on the condition that the appellants shall also pay the land revenue. As the appellants acquired the Bhumiswami rights, therefore, they filed an application under section 110 and 190 of M.P.L.R. Code before the Naib Tahsildar Myana which was registered as case No. 10-A-6/86-87 and by order dated 27.3.1987, the appellants were declared Bhumiswami and their names were mutated in revenue records. Against the said order, the defendants filed an appeal after 24-25 years and also tried to forcibly take possession of the disputed property. On 1.7.2002, the defendants No.1 to 3, b
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