BHOGI LAL Vs. KIRTICHAND

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/plaintiff are as under:-

(2.) The plaintiff herein filed the suit for declaration of title and permanent injunction with regard to the suit land bearing Khasra No.111 admeasuring area 0.069 hectare having a house structure situated therein mentioned in Schedule 'A' appended with plaint stating inter-alia that the plaintiff's grandfather and the defendant's grandfather were related to each other and in family settlement, the plaintiff has occupied the suit land to construct the house therein. However, the defendant's ancestor working as village Kotwar (village servant) occupied rest of the land at their Village Dongripali, Tahsil and District Raigarh and since the suit land was given to him by village Malgujar, family settlement has been taken place between the plaintiff ancestors and the defendant ancestors, whereby the suit land was given in possession of the plaintiff's ancestors for constructing house on it, as such, the plaintiff is staying in such house after construction along with his family, though the plaintiff was entitled for bhumiswami rights, but it has not been granted to him, as such, the plaintiff claimed decree for declaration of title on the basis of adverse possession and also claimed decree for permanent injunction.

(3.) The defendant filed his written statement and denied the averments made in the plaint stating inter-alia that he has been granted bhumiswami rights being kotwar of the village and the plaintiff has no right and title over the suit land and possession, if any, is permissive and as such, the suit deserves to be dismissed.