A.K.SHRIVASTAVA
Murti Shri Mahadev Shankar Bhagwan Ka Mandir Akhiyumahada – Appellant
Versus
Lalu Ram – Respondent
1. This appeal has been filed at the instance of transferee of defendant No.1 Mangilal. The suit of plaintiff has been decreed by learned trial Court and the appeal which was filed by defendant and transferee of defendant has been dismissed by the impugned judgment and decree.
2. One Laluram filed civil suit for declaration of Bhumiswami right in respect of certain agricultural land, description whereof has been mentioned in the plaint and for injunction against defendant Mangilal son of Tulsiram. In that suit, State of Madhya Pradesh through Collector, Mandsaur has been arrayed as defendant No.2 in view of Order 1 Rule 3-B (M.P. Amendment) CPC as formal defendant and no relief has been claimed against it.
3. According to the plaint averments plaintiff is the Bhumiswami having possession on the suit property. He never sold the suit property to defendant Mangilal, who is his nephew. In plaint para 6 it has been pleaded by plaintiff that he was keen enough to get the suit property bequeathed in favour of defendant Mangilal, but on 1.10.1982 defendant Mangilal brought plaintiff to Mandsaur and with the collusion of petition writer Irfan Ali pacified plaintiff that now-a-da
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