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2001 Supreme(MP) 549

A.K.GOHIL
Motiram – Appellant
Versus
Pannalal (dead) through L. Rs. Chotti Nani – Respondent


Advocates Appeared:
A.K.Sethi, S.G.GOKHALE,

Judgment

( 1. ) THE appellants/defendants have filed this second appeal under Section 100 of the Code of Civil Procedure against the judgment and decree dated 17-8-95 rendered by XIth Additional Judge to the Court of District Judge, Indore in Civil Regular Appeal No. 18/91 confirming the judgment and decree passed by VIth Civil Judge, Class-II, Indore on 16-7-1991 in C. O. S. No. 195-A/78. ( 2. ) THE brief facts for the purpose of deciding the controversy between the parties in this case are that the respondents/plaintiffs who are legal heirs of one Moolchand filed a suit for declaration and injunction against the appellants/defendants in respect of 3 acres of land out of Survey No. 501 and 1. 28 acres out of Survey No. 502 situated at Village Asrawad Khurd, Tehsil and District Indore. Admittedly the aforesaid survey numbers stand in the name of defendants/appellants in the Revenue Records but in Column No. 12 of possession, the names of plaintiffs are mentioned. The plaintiffs case was that he is in possession over the land in dispute and their names are recorded in the Revenue Records and they are doing cultivation and at the relevant time they had sowed crop of Jwar in the land.























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