DEVA Vs. SAJJAN KUMAR

JUDGEMENT

(1.) By the judgment impugned in this appeal, the High Court of Madhya Pradesh in Second Appeal No. 518 of 1978 under S. 100 of the Code of Civil Procedure has reversed the concurrent findings in the judgments of the two Courts below and decreed the suit filed by the plaintiff (respondent herein) for delivery of possession of suit land to the extent of 70 X 20 in Survey No. 452. The land in survey No. 452 has been found by all the Courts to be of the ownership of the plaintiff. The land is alleged to have been encroached upon by deceased-Deva, the sole defendant, who is succeeded by his legal representatives as appellants in this appeal. Deva was owner and in possession of the adjoining land in Survey No. 453.

(2.) The plaintiffs case is that while he was out of the village in the course of his duties being in Government service, the defendant-Deva encroached upon suit land in July, 1966. The suit of possession was instituted on 18-12-1972.

(3.) The trial Court dismissed the suit as barred by limitation on a finding that the defendant is in possession of the encroached land since Samvat. 1996 i.e. the year 1940.