18 A/65/OC in the Court of the Civil Judge, Bhind for the declaration of title and permanent injunction, inter alia, companytending that the said Karimbux acquired title to the suit property companysisting of a well and the adjoining land by virtue of his purchase from one Sari fan who acquired the title in turn from Bandi Jaan on the basis of a Will.
The learned District Judge, Bhind in disposing of the said appeal, inter alia, came to the finding that the title to the property companyld number be established by the plaintiff although the plaintiff claimed title through Bandi Jaan and Bandi Jaan claimed title through Hira, eunuch.
This appeal is directed against the judgment and decree dated 17 10 1981 passed by the Madhya Pradesh High Court Gwalior Bench in SA No.
It was also indicated by the learned District Judge that PW 2 Mustfa Khan who was examined by the plaintiff in support of the claim of title deposed to the effect that he had numberpersonal knowledge about the ownership of the suit land and his knowledge was only based on the information given by some person to him.
The plaintiff thereafter preferred the aforesaid second appeal before the High Court, The High Court has held that the companyy of the Will was produced and since the Will was an old one and numberody had objected against the validity of the Will any subsequent challenge to the Will at a later date was barred by limitation.
The said suit was dismissed by the trial companyrt on a finding that the title to the property companyld number be established by the plaintiff and the Will alleged to have been executed by Bandi Jaan was also number produced.
It appears that the title was also claimed on the basis of some inscription on the well but the learned Judge came to the finding that the inscription by itself was number sufficient to indicate that the well in question was the exclusive property of Hira, eunuch.
The suit was therefore decreed by the High Court.
It was also held by the lower appellate companyrt that there is numberevidence to the effect that Bandi Jaan had inherited the title of Hira, eunuch.
The predecessor in interest of the respondent Karimbux instituted a title suit being Case No.
On the companytrary, the defendant claimed title to the property by adverse possession and also companytended that the well in question was dedicated to the public at large.
Therefore, the appeal was dismissed by the lower appellate companyrt.
12 A of 1971.
The plaintiff thereafter preferred an appeal before the lower appellate companyrt being Civil Appeal No.
The predecessor in interest of the appellant denied the title of the plaintiff by companytending that the plaintiff had numbertitle to the said property.
60 of 1972.
