DEVI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is preferred on behalf of appellant/ plaintiff under section 100 of the Civil Procedure Code being aggrieved by the judgment and decree dated 27-2-2007 passed by 1st Additional District Judge, Harda in regular Civil Appeal No. 31-A/2005, affirming the judgment and decree dated 27-7-2005 passed by Civil Judge Class-II Harda, in Civil Suit No. 445- A/04, dismissing the appellant's suit filed for declaration and perpetual injunction with respect of the Government land bearing Survey No. 2AG and 2/1D total area 7.84 acres situated in village Abgaonkhurd.

(2.) THE facts giving rise to this appeal in short are that the appellant/plaintiff herein filed the suit for the above mentioned land declaring him to be Bhoomiswami of such land with a prayer for perpetual injunction restraining the respondent and his officials to interfere in his possession of the same. As per further averments of the plaint, he being remained in long possession of the land since last 35 years in the knowledge of the respondent and it's officials and during this period, his possession was neither disturbed nor obstructed by them, he perfected his title on it as Bhoomiswami by adverse possession. With these pleadings, the aforesaid suit is filed.

(3.) LEARNED appearing counsel of the appellant after taking me through pleadings, available evidence and the exhibited documents said that the appellant has successfully proved his/perfected right on Bhoomiswami by adverse possession, but contrary to such evidence and the existing legal position, the suit was dismissed by the trial Court and the Appellate Court has also affirmed such decree on it's term. The same is not sustainable under the law. In continuation, he said that in any case, on the basis of long possession of the appellant over the land, his suit should have been decreed for the perpetual injunction. With these arguments he prayed for admission of this appeal on the substantial question of law proposed in the appeal memo.