TIKAMNATH GAJPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this second appeal under Section 100 of the Code of Civil Procedure, 1908, the appellants have challenged legality & propriety of the judgment & decree dated 8-10-92 passed by the 5th Additional District Judge, Durg in Civil Appeal No.5-A/92 affirming the judgment & decree dated 13-9-89 passed by the 6th Civil Judge Class-II, Durg in Civil Suit No.36-A/88, whereby the suit for declaration and permanent injunction filed on behalf of the appellants/plaintiffs has been dismissed.

(2.) PRESENT second appeal has been admitted on the following substantial questions of law:- 1) Whether the Courts below were justified in holding that the lands in dispute were not the khudkast lands of the present appellants and their predecessors when the lands were so recorded in khasra year 1932-33 and there is presumption of the continuity of land use. 2) Whether on the facts and in the circumstances of the case could it be held that the plaintiff has failed to discharge the burden by not producing khasra entries when the originals are in possession of the State and State could have filed the same.

(3.) AFTER providing opportunity of hearing to the parties, learned Civil Judge Class-II dismissed the suit and the lower appellate Court has also dismissed the appeal.