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2024 Supreme(Online)(MP) 9132

HIGH COURT OF MADHYA PRADESH
Ganesh – Appellant
Versus
Jagdish (Decd.) Thr. Lrs Savitribai – Respondent


Advocates:
Narendra Singh Rathore,Advocate General

ORDER

The appellant has filed present Second Appeal under section 100 of Code of Civil Procedure, 1908 ( hereinafter referred to "CPC") being aggrieved by impugned judgment and decree dated 20/11/2017 passed by Additional District Judge, Khategaon, District - Dewas in Civil Appeal no. 107-A/2014 by affirming the judgment and decree dated 18/09/2014 passed by Civil Judge, Class-I, Khategaon, District - Dewas in Civil Case no. 22-A/2014, whereby the civil suit filed by the appellant/plaintiff for vacant possession and mesne profit has been dismissed.

2/ Brief facts of the case are that the appellant is was the owner of the land bearing survey no. 333 admeasuring 0.050 hector and two houses situated upon it. Name of appellant is also mutated in the revenue record. Father of the appellant had permitted Phoolchand, who happens to be father-in-law of respondent no. 4 for keeping both the houses as licencee for residential purpose. After the death of Phoolchand, respondent no. 4 started living in the houses in question, but he was trying to sell out both the houses in question to respondent nos. 1 to 3 and respondent no.1 also started construction over the suit land. When the appellant obje

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