GANGARAM Vs. PRAVEEN KUMAR AND OTHERS

JUDGEMENT

(1.) This is a second appeal preferred by the plaintiff under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") against the judgment and decree dated 05/11/2016 passed by the District Judge, Dhamtari (C.G.) in Civil Appeal No. 68-A/2016, by which, the lower appellate Court while affirming the judgment and decree dated 24/09/2014 passed by First Civil Judge, Class-II, Dhamtari District Dhamtari (C.G.) in Civil Suit No. 120-A/13, has dismissed the plaintiff's suit.

(2.) Undisputed facts of the case are that the plaintiff Gangaram instituted a suit claiming declaration of title and injunction with regard to the property in question bearing Kh. No. 1397/1 area 0.01 vkjs. It is pleaded that the said property was purchased by his grandfather Koduram in the year 1960 and since then, he is in possession over the property in question. It is pleaded further that when an order was passed by the Superintendent of Land Records, Dhamtari on 07/05/2008 in Revenue Case No. 86-A/6-A/2007-08, by correcting revenue entires therefore, the plaintiff has been constrained to file the suit in the instant nature, instituted on 08/11/2011.

(3.) The defendants have contested the aforesaid claim and stated very specifically that the plaintiff is not the owner of the property in question.