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2020 Supreme(MP) 469

ROHIT ARYA
Ramavtar Gupta – Appellant
Versus
Nidhani (Dead) through LRs Sherbahadur – Respondent


Advocates:
J. L. Mishra for appellants; Sanjay Sharma for respondents.

JUDGMENT

1. This appeal by defendants under section 100 CPC is directed against the confirming judgment and decree dated 19.4.2012 passed by VI Addl. District Judge, Rewa in Regular Appeal No. 100-A/2010.

2. The trial Court has decreed the suit for declaration and possession vide judgment and decree dated 14.5.2008 passed in Civil Suit No.139-A/2003.

3. The plaintiff has filed the suit inter alia contending that the suit land; an agricultural land described in Para 2 of the judgment of appellate Court was of the ownership and in possession of late Chandu who died in the year 1965. The plaintiff is a daughter and sole survived heir of late Chandu. Since she was married, one labourer Pardesi was deputed to look after the suit land. He was ploughing the field and harvesting the crops, on her behalf. After death of Pardesi, his daughter Kalavati and son-in-law Shivsagar continued to plough the field and harvesting crops. Initially Kalavai got her name mutated in place of Pardesi in revenue record, and thereafter, her husband Shivsagar got his name substituted. Plaintiff came to know about the same on 10.12.1999, and thereafter, obtained certified copies of revenue entries / documents on

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