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2021 Supreme(MP) 178

VIVEK RUSIA
Shivnarayan – Appellant
Versus
Shakuntalabai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.C. Kaushal, Learned Counsel.

ORDER :

Vivek Rusia, J.

1. This is an appeal filed by the defendant No. 1 against the judgment and decree dated 29.11.2014 passed by Civil Judge, Class-II, Nalkheda, district Shajapur whereby the civil suit filed by respondents No. 1 & 2 has been decreed and affirmed by the first appellate Court, Susner vide judgment dated 17.12.2018.

Facts of the case in short are as under:

2. Respondent No. 1 is a widow of late Bhagirath and respondents No. 2 & 3 are the daughters of Bhagirath. Late Bhagirath was the owner of land bearing survey Nos. 207/1 & 208/4, total area 0.627 hectares, situated at Gram Semli, Tahsil Nalkheda which is commonly known as "Seva Ba Vala Kheth" (hereinafter referred to as 'the suit land'). After the death of Bhagirath the name of respondents No. 1 to 3 were mutated in the revenue record. According to the plaintiff the appellant has illegally encroached over the suit land without any right and title on it. He has not permitted the plaintiff to cultivate the land on 08.05.2008 and threatened to kill her. Since the children were minor, therefore, respondent No. 1 did not take any legal action at the relevant point of time. The appellant used to give the assurance that h

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