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2024 Supreme(Online)(MP) 54868

HIGH COURT OF MADHYA PRADESH
Ram Gopal – Appellant
Versus
Smt. Prabha Devi – Respondent


ORDER

This second appeal has been preferred by appellant/plaintiff challenging the judgment and decree dtd. 28.06.2016 passed by Additional District Judge, Kotma, Distt. Anuppur in civil appeal No. 6- A/2016, reversing judgment and decree dtd. 19.08.2015 passed by 2nd Civil Judge Class-II, Kotma, Distt. Anuppur in civil suit No.15-A/2014, whereby trial court decreed the appellant/plaintiff's suit for declaration of title and permanent injunction in respect of land Khasra No.137 area 5.24 acre (old No.196 area 1.34 acre and Khasra No.199 area 3.90 acre) situated in Village Katkona, Tahsil Kotma, Distt. Anuppur, which upon filing civil appeal by defendants 1-4 has been reversed and the suit has been dismissed.

2. Learned counsel for appellant/plaintiff submits that on the basis of regd. sale deed dtd. 29.07.1964 (Ex.P/9) executed by defendants' husband and father namely Kaushal Prasad in favour of plaintiff-Ramgopal, the plaintiff is Bhoomiswami and in possession of land in question. Although original sale deed was not placed on record but by filing certified copy of sale deed (Ex.P/9) the factum of purchase of the land was clearly proved and trial court on the basis

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