BABU SINGH Vs. GORAKH SINGH

JUDGEMENT

(1.) This appeal is directed on behalf of appellant/plaintiff under Section 100 of the CPC being dissatisfied with the judgment and decree dated 14-10-2010 passed by 1st Additional District Judge, Raisen in Civil Regular Appeal No. 6-A/10 affirming the judgment and decree dated 1-5-2010 passed by 1st Additional Judge to the Court of 1st Civil Judge, Class-II, Raisen in Civil Original Suit No. 21-A/10 dismissing his suit against the respondent No. 1 filed for declaration and perpetual injunction with respect of the land bearing survey Nos. 12 and 44 area 12 acres situated at Village Navli tahsil and District Raisen.

(2.) The facts giving rise to this appeal in short are that the appellant herein filed the abovementioned suit against the respondent No.l for declaration and perpetual injunction with respect of the abovementioned land, stating that he being title holder, is coming in possession of the land since long. As per further averments, the respondent No.l his elder brother, having the nature of saint (Sanyasi) had not carried out any agricultural work in such land and in the year 1982. the respondent No.l by leaving the village had become the missing person. Since then, the appellant within the knowledge of the respondent No.l being in possession of such land as owner of it cultivating the same and taking the crops peacefully without any interruption from the side of the respondent No. 1. Accordingly, on completion of 12 years, he has perfected the title as Bhoomiswami over such land in the year 1993. The appellant came to know long before that the respondent No.l had gone to Bharatpur and thereafter, he shifted to Kota where he resided, from where he came to village Neoli, in the year 2001, during that period he did not object the title and possession of the appellant. It is also stated that since 1982 to 1991 when the respondent No.l was not traced then, the appellant got mutated his name on such land in the revenue record. The same was never objected at any point of time before 2-7-2008. As per further averments, on enhancing the value and prices of the land in the market, the respondent No. 1 with bad intention had given a criminal threat on date 2-7-2008 to the appellant to dispossess him from the aforesaid land on which the appellant has filed the impugned suit against the respondent No.l for declaration and perpetual injunction, declaring him to be Bhoomiswami of such land and also for issuing perpetual injunction restraining the respondent No. 1 from any interference in possession of the appellant with respect of the disputed land.

(3.) In the written statement of the respondent No.l, by denying the averments of the plaint, it is stated that the appellant was never remained in possession of the disputed land in the capacity of it's Bhoomiswami. The appellant was remained a person of checkered history of criminal activities like threat, dacoity and beating etc. In that connection, various criminal cases at different places of State of Madhya Pradesh and Rajasthan are pending against him. Due to such activities of the appellant, the respondent/defendant No.l was feeling himself to be unsafe that is why he started to reside at Kota for his livelihood, but simultaneously he was cultivating his land either by himself or under his observation through a person on share basis, his sons were also assisting him in his business as well as in the agriculture. It is further stated that appellant by practicing a fraud, forged and fabricated some documents with respect of the aforesaid land, and on the strength of such documents by giving some wrong information to the revenue Officers stating that the respondent No. 1 had expired got mutated such land in his name. It is also stated that suit is filed barred by time. With these averments the prayer for dismissal of the suit is made.