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2013 Supreme(MP) 124

S.K.Gangele
Gumani – Appellant
Versus
Kusum Kumari – Respondent


Advocates:
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Ms. Diksha Mishra and Rohit Mishra for appellants; H.D. Gupta with Santosh Agrawal for respondent No. 1.

JUDGMENT

1. Defendants/appellants have filed this appeal against the judgment and decree dt.18th November 2010 passed in Civil Suit No.12-A/2010.

2. Plaintiff filed a suit for permanent injunction and declaration. She pleaded that a plot situate at Lateri District Vidisha was of the ownership of Omkar S/o Gangola and Khema S/o Deva Chamar. Both the persons sold the plot to Sheelchand Jain S/o Pyarelal. After the death of Sheelchand Jain his legal heirs sold the plot to the plaintiff through their power of attorney holder by a registered sale deed dt.13.9.1985 and the possession was also delivered. A house was also constructed over the aforesaid plot. The defendants denied the ownership of the plaintiff. Plaintiff pleaded that the defendants tried to dispossess the plaintiff, hence, the suit is filed.

3. Defendants denied the pleadings of the plaintiff. They denied the fact that the suit land was part and parcel of Survey No.1103 prior to 1972-73. They denied the execution of sale deed in favour Sheelchand Jain. They further pleaded that the suit land was of joint ownership of Joint Hindu Family of Defendant No.1. They also denied the fact of construction over the land. They further pl














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