DWARIKA SINGH Vs. KAMALWATI BAI

JUDGEMENT

(1.) This plaintiff's second appeal under Section 100 of the CPC was admitted for hearing by formulating the following substantial question of law: ­ "Whether both the Courts below were justified in holding that defendant/respondent has perfected his title over 62 square meter of the land owned by plaintiff by recording finding, which is perverse to the record ?"

(2.) Dispute in this appeal relates to the suit land being nazul land situated in Diwanpara Ward No.9, Sheet No.40, Plot No.41 area 174 sq.mtr., Rajnandgaon, District Rajnandgaon. The plaintiff filed a suit that the defendant, who is her mother's sister, has no right and title over the suit land as the suit land particularly Plot No.41/1 area 62 sq.mtr. has been allotted on lease by the Additional Collector, Rajnandgaon by order dated 27.9.97 and appeal preferred by the plaintiff has been dismissed by the Commissioner, Raipur Division, Raipur on 20.8.2001 as stated by the plaintiff in para­11 of the plaint, therefore, he be declared title­holder and be granted declaration of title and possession.

(3.) The defendant filed his written statement and claimed that she is in possession over 62 sq.mtr. for last 50 years and by order dated 27.9.97 the Additional Collector, Rajnandgaon has granted patta vide Ex.D­3 and against that order, the plaintiff preferred the appeal before the Commissioner, Raipur Division, Raipur and the Commissioner has dismissed the appeal on 20.8.2001, as such, the order of the Additional Collector has become final. The defendant is in possession for last 50 years and as such, she has perfected her title by way of adverse possession and the suit deserves to be dismissed.