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2008 Supreme(MP) 40

P.K.JAISWAL
Chhoti Bai – Appellant
Versus
State of M. P. – Respondent


Advocates:
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V.K. Bharadwaj for appellants;
C.S. Dixit, Government Advocate for State.

JUDGMENT

1. This appeal is filed by the plaintiffs against the judgment and decree dated 15.7.1998 passed by Additional District Judge, Gohad, District Behind in Civil Appeal No. 28/97, whereby learned Additional District Judge affirmed the judgment and decree of the trial Court dated 8.3.1997 by which suit of the plaintiffs was dismissed.

2. Brief facts of the case are that the appellants filed a suit for declaration and permanent injunction in respect of an area of Survey No.3 714/2, 3718/2, 3718/3 and old Survey No. 3675 (New No. 3675/3) over an area of 4 Bigha and 9 Biswa of land situated at Gohad, District Bhind on the ground that the said land was in possession of Nathuram and Kashiram, father of appellant No. 1 and Uncle of appellant No.2. In Samvat 2007, the land was in possession of the father of appellant No. 1 and Uncle of appellant No.2. They purchased the land vide registered sale deed dated 21.9.1948 from the then Zamindar Gauri Shankar S/o Jwalaprasad for a sum of Rs. 1,200/- and thereafter, land was recorded as Khudkasht land of Nathuram and Kashiram.

3. The appellants case was that Khasra No. 3714/2, 3718/2 and 3718/3 were the Khudkasht of his father and Khasra



























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