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2021 Supreme(MP) 184

VIVEK RUSIA
Devilal – Appellant
Versus
Prabhulal – Respondent


Advocates Appeared:
For the Appellant :Yashpal Rathore, Advocate.
For the Respondents:Himanshu Joshi, Advocate.

JUDGMENT :

Vivek Rusia, J.

1. This is a second appeal filed by defendant No. 1 against the judgment and decree dated 21.4.2017 passed by first Civil Judge, Class-I, Neemuch whereby the suit filed by respondents No. 1 and 2/plaintiffs has been partly decreed and therefore affirmed by third Additional District Judge, Neemuch vide judgment dated 11.2.2020 by dismissing Civil Appeal No. 46-A/2018 filed by defendant No. 1.

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

    (i) Respondents No. 1 and 2 (hereinafter referred to as "the plaintiffs") are real brothers and permanent residents of Village Kalikotdi, Tehsil Jeeran, District Neemuch. They purchased agricultural land bearing Survey 22 area 0.64 Hect. (hereinafter referred to as "the suit land") by way of registered sale-deed dated 20.7.1989 from Smt. Ghisi Bai and Smt. Sajnibai who were sisters, which they had succeeded from their mother late Hagami Bai. After the death of Hagami Bai, her daughters viz. Ghisi Bai and Sajnibai became the owner of the suit land and they sold the same to the plaintiffs. The plaintiffs filed Revenue Case No. 34/A-6/04-05 before the Tehsildar seeking mutation of their name. Vide order dated 9.9.2006 vide Ex. D/

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