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2002 Supreme(MP) 1109

S.P.KHARE
Bhailal – Appellant
Versus
Ram Kumar – Respondent


Advocates:
P.K. Mishra for applicants; Raman Patel for non-applicants

JUDGMENT

This is a revision by the plaintiffs against the order by which the appeal of the defendants under Order 43 Rule 1 (r) CPC has been allowed and the order of temporary injunction issued by the trial Court in favour of the plaintiffs has been vacated.


It is not in dispute that the lands in dispute Khasra No. 308 and 309 of village Bhatigawan, Tahsil Maihar were the ancestral property of two brothers Sudarshan and Sarman. The plaintiffs are heirs of Sudarshan and the defendants No.1 and 2 are sons of Sarman. There had been pm1ition between the two brothers about 50 years ago and the lands in dispute were allotted to the share of Sudarshan. In the revenue papers the lands continued to be recorded in the names of both the brothers.


The plaintiffs' case is that in the partition the lands in dispute were allotted to the share of Sudarshan and these were in his possession and after his death these came in possession of his son Ramkripal. He gave these lands on adhia to the defendants No. 1 and 2 for sometime. That arrangement came to an end and the plaintiffs themselves sowed soyabin crop on these lands in July, 1997. It is alleged that these defendants got the regis







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