HARDAYAL BALMIKI Vs. RAMPRASAD
LAWS(MPH)-2014-5-88
HIGH COURT OF MADHYA PRADESH
Decided on May 06,2014

Hardayal Balmiki Appellant
VERSUS
Ramprasad And Ors. Respondents

JUDGEMENT

Rohit Arya, J. - (1.)HEARD .
(2.)THIS appeal by plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 10/03/2014 passed by District Judge, Sheopur, in Civil Appeal No. 24 -A/2013; confirming the judgment and decree dated 4/9/2013 passed by Second Civil Judge, Class II, Sheopur in Civil Suit No. 61 -A/2013. By the impugned judgment and decree the plaintiff's suit for declaration and permanent injunction has been dismissed.
Plaintiff filed a suit inter alia contending that in village Dhodhar, Tahsil and District Sheopur as per the attached map to the suit, open area and house is of plaintiff's ownership and possession marked in red ink as "ABCD" and since the time of his ancestors. On 15/11/2012, the defendants have threatened him of forcible dispossession and tried to demolish the boundary wall taking advantage of the fact that plaintiff is serving at Jaipur (Rajasthan). Having come to know about the alleged illegal activities of defendants, plaintiff filed the instant suit seeking declaration and permanent injunction.

(3.)DEFENDANTS No. 1 to 3 filed joint written statement whereas remaining defendants have filed written statements separately denying the plaint allegations inter alia contending that suit land has never been either in possession of ancestors of plaintiff or plaintiff. Plaintiff has no connection with the suit land. As such defendants prayed for dismissal of the suit.


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