KRISHI UPAJ MANDI SAMITI Vs. FATTECHAND AGRAWAL

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 17.05.2003 passed by Second Additional District Judge, Baloda-Bazar, District- Raipur (C.G.) in Civil Suit No. 1A/1997, wherein the said court decreed the suit filed by respondent No. 1 and 2 partially and declared them owner of the land bearing Survey No. 229 situated at Village- Avrethi to the extent on which one boundary wall is constructed by them and for restraining the appellant from interfering in possession of the land in limited area.

(2.) The respondents filed a suit contending that they are owner by adverse possession of land bearing Survey No. 229 situated at Village- Avrethi, Patwari Halka No. 7/24 area admeasuring 3 acres. The total area of Survey No. 229 is 2.533 Hectare as per Ex. D/1. The land was given to Krishi Upaj Mandi by publication in Madhya Pradesh Gazette. As per the appellant, the respondents encroached in some part of the land. For removal of which, notices were sent on 01.02.1982 and on subsequent dates, therefore, finding arrived at by the trial court that respondents were in peaceful possession of the land is contrary to factual matrix and legal aspect of the matter.

(3.) Learned counsel for the appellant submits as under:-