MOHAN SINGH Vs. MANOHAR SINGH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) Appellant (here-in-after referred as "plaintiff") filed the present Second Appeal being aggrieved by the judgment and decree dated 11.05.2017 passed by the Additional Sessions Judge, Khategaon, Dewas and judgment and decree dated 21.12. 2013 passed by the First Civil Judge, Class-II, Khategaon by which Civil Suit as well as Appeal both have been dismissed.

(3.) The plaintiff has filed the suit for declaration of title and permanent injunction in respect of land having survey No.153 area 5.83 hectare of Village Khirnikheda, Tehsil Khategaon. The plaintiff and Ramadhar are real brothers and the defendants are wife, son and daughters of Ramadhar. According to the plaintiff, the partition between him and late Ramadhar took place 20 years back and thereafter the land bearing survey No.153 (new No.153/1) area 2.92 hectare came into his share and the land bearing survey No.153/2 area 2.91 hectare came into the share of Ramadhar. The plaintiff has further pleaded that by way of partition he received 2 acre extra land i.e. 3.31 hectare and which is in his possession but the defendants in collision with the revenue authorities has got mutated the land of area 0.04 hectare of survey No.153/2 in their names, thereafter he preferred an appeal in which the order of Tehsildar has been set aside thereafter the defendant has filed an application under Section 250 of MPLR taking possession which gave him cause of action to file the suit.