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2006 Supreme(MP) 714

A.K.SHRIVASTAVA
Munnibai – Appellant
Versus
Barelal Lodhi – Respondent


Advocates:
ç.k; oekZ vihykFkhZx.k dh vksj ls( ,u-ds- iVsy çR;FkhZx.k dh vksj lsA
Pranay Venna for appellants; N.K. Patel for respondents.

JUDGMENT

1. Present appellants are heirs of original plaintiff Gopal Prasad, who died during the pendency of the suit. A suit for declaration of ownership of the suit land was filed by plaintiff with a further relief of injunction restraining the defendants from interfering with his possession and also from cutting grass.

2. In brief the suit of plaintiff is that the plaintiff is Bhumiswami of the disputed property. He bought the suit property from defendants by registered sale-deed dated 16.10.1970 for a consideration of Rs.1,000/-. After the purchase of the suit property, plaintiff is possessing the same. The name of plaintiff and his possession is recorded in the revenue record by virtue of said sale-deed dated 16.10.1970. The defendants on false assertion of fact that they have not sold the land to the plaintiff are threatening to dispossess him from the suit land. By amendment the plaintiff pleaded that at the request of defendants he did confer rights of re-conveyance and leased out the suit property for the year 1970-71 to them on 16.10.1971. But, no sooner defendants expressed their inability to cultivate the land, plaintiff started cultivation on the suit land. The plain




























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