OM PRAKASH MAKKAD Vs. TAJIM KHAN

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.04.1999 passed by Additional District Judge, Jashpurnagar, Madhya Pradesh (Now CG) in Civil Suit No. 2-A/1998 wherein the said court dismissed the suit filed by the appellant for declaration of title/ possession/ permanent injunction/ mense profit for land bearing Khasra No. 814/2 admeasuring 750 sq.ft. situated in Bhagalpur Bartoli, District- Jashpurnagar.

(2.) As per the appellant, his ancestor obtained the suit land from Jashpurnagar estate and they were continued in possession of the suit land. Father of the appellant was running grocery shop on the suit land in 1989. The appellant made alteration in the suit house and constructed two rooms. The appellant went to Kunkuri on 101.1995 to celebrate Makar Sankrant and in absence of the appellant, respondents No. 1 to 3 broken the lock of grocery shop and removed all the materials and dispossessed the appellant from the suit house. The appellant lodged a report in Police Station- Jashpurnagar, after lodging of the report, some material returned to the appellant, but possession of the land was not given to him that's why he filed suit before the trial court.

(3.) After recording evidence and hearing the parties, it is decided by the trial court that appellant is not owner of the land and the same is grass land. As per record of right, one Mangru is in possession as per khasra entries since 1975. The trial court further opined that respondents No. 1 to 3 have not dispossessed the appellant.