GRAM PANCHAYAT JAIMURA TAHSIL KHARSIYA Vs. NIRNIDHI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/defendants is as under:-

(2.) Admittedly, the suit land bearing Khasra Nos.415 and 416 is government land (grass land) and reserved for public utility and on Khasra No.415 Primary Health Centre, Jaimura has already been constructed by Gram Panchayat Jaimura-appellant herein. Original plaintiff claimed title & adverse possession on the basis of his long and continuous possession & on the basis of his name having been recorded in Exs.P-1 to P-5 in remarks column (column NO.12) and claimed declaration of title, permanent injunction and demolition of Primary Health Centre constructed by defendant No.2-Gram Panchayat-Jaimura.

(3.) Defendants No.2 and 3 filed their written statement and denied the averments made in the plaint stating inter-alia that the suit land is government land and reserved for public utility i.e. for road and Primary Health Centre, therefore, decree declaring title based on adverse possession cannot be granted in favour of the plaintiff.