M.B.SHAH, DORAISWAMY RAJU
Roop Singh (Dead) Through Lrs. – Appellant
Versus
Ram Singh – Respondent
JUDGMENT
Shah, J.-This appeal is directed against the judgment and decree dated September 29, 1988 passed by the High Court of Madhya Pradesh at Indore in Second Appeal No. 255 of 1977, whereby the High Court allowed the Second Appeal of respondent-defendant and set-aside the judgment and decree for possession of the suit land.
2. It is the case of the appellant-plaintiff Roop Singh (since deceased) that he owned 15.32 acres of agricultural land bearing Survey No. 106 in village Shivana of Tehsil Bhikangao. As the land was in illegal possession of the respondent Ram Singh (original defendant - since deceased), a notice dated 7.6.1966 was issued by the appellant calling upon the respondent to restore the possession of the suit land. The respondent did not hand over the possession of the land. Hence the plaintiff filed Civil Suit No. 10A/1969 before the Civil Judge, Bhikangaon (MP) for possession of the suit land with mesne profit @ Rs. 500/- per year. The defendant denied the contention that he was trespasser and submitted that 14 years prior to the date of institution of the suit he had purchased the suit land for a consideration of Rs. 611/- and had paid full sale consideration to t
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