JUDGMENT

(24/08/2021)

Both the appeals have been heard together and are being decided by this common judgment.

2. These appeals have been preferred by the appellants against the common judgment and decree dated 28.01.2021 passed by Vth Additional District Judge, Katni in R.C.A. Nos.65/2018 and 64/2018 affirming the judgment and decree dated 15.03.2018 passed by Second Civil Judge Class II, Katni in RCS Nos.2500185A/2016 and

2500235A/2016.

3. In Civil Suit No.2500185A/2016, the respondents/ plaintiffs (Balram and another) have claimed possession, declaration, permanent and mandatory injunction of suit property bearing Khasra No.513, admeasuring 0.26 hectares situated at Village Simrakalan PH No.26, Tahsil Reethi, District Katni. The respondents/plaintiffs pleaded that they are the legal heirs of deceased-Phaguniya Bai and co-owners of the suit property, which was devolved by them, after the death of their parents. The respondent (Balram) further pleaded that, the appellant/defendant No.1, son of appellant/defendant No.2, started residing in the ‘pacca’ house. Thus, cause of action arose on 09.06.2016, when he dug the foundation and started construction over the suit land. The said suit