RAMESH KUMAR Vs. HABIB KHAN

JUDGEMENT

(1.) The instant Second Appeal filed under Sec. 100 of CPC is directed against the judgment and decree dtd. 21/8/2012, passed by the Additional District Judge, Mahasamund, in Civil Appeal No. 5-A/2012, whereby the plaintiff's/appellant's appeal has been dismissed affirming the judgment and decree dtd. 13/2/2009, passed by 1st Civil Judge, Class I, Mahasamund, in Civil Suit No. 4-A/2009. The plaintiffs filed the suit for declaration that he is entitled to get the title over the suit land by adverse possession and for grant of permanent injunction restraining the defendants in the suit property.

(2.) For the sake of convenience, parties hereinafter will be referred as per their status and ranking given in the plaint before the trial Court.

(3.) Brief facts necessary for disposal of this appeal are that, the plaintiff and defendant No.1 to 5 have properties situated at village Kanpa, P.H. No. 136/83 measuring area about 0.24 hectare. On 5/7/2004, the property was jointly recorded in the revenue record in the name of both the parties. On 4/6/2004, the defendants No.1 to 5 have moved an application for partition in the account before Gram Panchayat thereafter Gram Panchayat has separated the accounts, description has given in paragraph one the plaint which is extract below:-