BAJRANG KEDIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged the legality and propriety of the judgment & decree dated 21.2.1995 passed by the 6th Additional Judge to the Court of District Judge, Bilaspur, in Civil Appeal No.63-A/93, affirming the judgment & decree dated 30.9.88 passed by the 4th Civil Judge Class-I, Bilaspur, in Civil Suit No.105-A/88, whereby the suit filed on behalf of the appellant against the State for possession and mesne profit has been dismissed.

(2.) THE present second appeal was admitted on 16.8.1995 on the following substantial question of law:- "When in a suit based on title, governed by Article 65 of the Limitation Act, 1963, the plaintiff proves his title to the suit land, could he be non-suited on the ground that he failed his possession in respect thereof within 12 years of the institution of the suit, in absence of plea and proof of adverse possession.

(3.) THE lower appellate Court has recorded its finding vide judgment dated 15.12.99 in Civil Appeal No.63-A/93, in which the lower appellate Court has held that the respondent has not perfected its title by way of adverse possession.