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2021 Supreme(MP) 263

G.S.AHLUWALIYA
Sardar Singh – Appellant
Versus
Mohanlal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K. Upadhyaya
For the Respondents: Gaurav Mishra and Deepak Khot

JUDGMENT :

Gurpal Singh Ahluwalia, J.

1. Heard on the question of admission.

2. This Second Appeal under Section 100 of Civil Procedure Code, has been filed against the Judgment and Decree dated 17-7-2018 passed by 1st Additional District Judge, Mungawali, Distt. Ashoknagar, in Civil Appeal No. 20-A/2017, arising out of Judgment and Decree dated 16-1-2017 passed by 1st Civil Judge Class II, Mungawali, Distt. Ashoknagar, in Civil Suit No. 55-A/2013.

3. The facts necessary for disposal of the present appeal in short are that the plaintiff/appellant filed a suit for declaration of title and permanent injunction. It is the case of the appellant that agricultural land bearing Survey No. 499/4 area 2.023 hectares, situated in village Dongra, Tahsil Mungawali, Distt. Ashoknagar is recorded in the names of the respondents no. 1 and 2, however, they have no right or title in the suit land. In fact, the appellant is the owner and titleholder of the said land and the appellant is in possession of the suit land for the last 40 years, which is open and hostile to the knowledge of the respondents no. 1 and 2. In the year 1980, the respondents no. 1 and 2, started claiming that since, the suit proper

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