PHATTECHAND AGRAWAL Vs. KRISHI UPAJ MANDI SAMITI, BHATAPARA

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 (C.G.) in Civil Suit No. 56A/2001, wherein the said court decreed the suit filed by the respondent/plaintiff for declaration of title over the property bearing Survey No. 251/1, area admeasuring 1.795 Hectare situated at Village- Avrethi, Tahsil- Bhatapara, District- Raipur and for delivery of possession of the land area admeasuring 3245 sq.mtr. from the appellant/ defendant.

(2.) As per the respondent/ plaintiff, the land in question i.e. Survey No. 251/1 area 1.795 Hectare was given to it by Municipal Corporation as per proposal dated 15.01.1972. Accordingly, the respondent became owner of the said land and the land is recorded in its ownership. The appellant/ defendant encroached the land in the month of December, 1981 to the tune of 3245 sq.mtr. which was found correct in demarcation performed by Tahsildar- Bhatapara. A notice was given to the appellant on 08.05.1987 for vacating the land. As per the appellant, he is in possession of the land since 30-32 years and acquired title on the basis of adverse possession, but the trial court recorded finding contrary to the factual matrix and legal aspect of the matter.

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