JANVI PANDIT Vs. AKHILESH SINGH

JUDGEMENT

(1.) THIS is defendants' second appeal, who have lost from both the Courts below. The suit of the plaintiffs has been decreed by learned trial Court and the first appeal which was preferred has been dismissed by the impugned judgment and decree.

(2.) THE facts necessary for the disposal of this second appeal lie in narrow compass. Suffice it to say that a suit for possession on the basis of title and for injunction was filed by the plaintiffs (respondents No.1 and 2) 31 years ago on 28.11.1980 against the defendants in respect of certain agricultural land, which is the subject-matter of the suit and description whereof has been mentioned in the plaint. In the suit the State of M.P. was impleaded by way of amendment as defendant No.7 according to the M.P. State Amendment under Order 1 rule 3(B) of CPC.

(3.) THE learned trial Court framed necessary issues and specifically framed issue No.1 as to that whether the plaintiffs became owner of the suit property by virtue of gift-deed dated 18.2.1953. THE parties thereafter led their evidence and after recording the evidence, learned trial Court found the suit of the plaintiffs to be proved and eventually decreed the same. THE first appeal which was filed by the defendants has been dismissed by the impugned judgment and decree.