MADHO SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This first appeal is preferred under Sec. 96 of the Code of Civil Procedure, 1908 against judgment/ decree dtd. 20/1/2004 passed by Second Additional District Judge, Durg (C.G.) in Civil Suit No. 22A/2002, wherein the said court dismissed the suit filed by the appellants for title and possession and for restraining the respondent from interfering possession of the appellants regarding land bearing Survey No. 468/01 & 468/02 area admeasuring 2 acres situated at Village- Purai, Patwari Halka No. 67/29, Tahsil & District- Durg (C.G.).

(2.) As per the appellants, they belonged to Jamidar Family and their ancestor namely Dashrath Singh was in possession of the land bearing Survey No. 468/01 & 468/02 since 1929-30. After promulgation of Panchayati Raj Adhiniyam, Gram Panchayat- Purai came into existence. The Panchayat wanted to construct its cultural building on the new Survey No. 762 including Survey No. 468/01 & 468/02 also. The Sarpanch applied for the land and it was alloted to Panchayat for construction of community centre. As, the Gram Panchayat encroached the land in question and constructed the cultural building, the suit was filed which was dismissed by the trial court as mentioned above.

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