RAMADHAR Vs. GULABSINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal who has lost from the two Courts below.

(2.) THE facts necessary for the disposal of appeal lie in narrow compass. The plaintiff has come forward with a case that he is the Bhoomiswami of the Survey No.794/2 having area of 2.842 hectare. The first defendant Gulab Singh is asserting that plaintiff has encroached upon the "Kakad" land which is of Government. According to the plaintiff the entire survey No. 794/2 belongs to him and in this survey number land of "Kakad" is not written. An alternative plea has also been set up by the plaintiff that in case it is found that the plaintiff is also possessing "Kakad" land but since he is possessing it continuously for a consideration long period without any interruption he has acquired Bhoomiswami right on that land. It has been pleaded by the plaintiff that the defendant No. 1 submitted an application in the Court of Tehsil stating that the plaintiff has illegally possessing the "Kakad" land and upon such application the measurement etc was also made and Panchnama was also prepared but it had nothing to do with the plaintiff's ownership because Survey No. 794/2 which is owned by the plaintiff, the "Kakad" land is not included in that survey number. Hence, it has been prayed by the plaintiff that the suit be decreed and it be declared that the land in between Survey No. 794/2 and Survey No.95/1 situated in village Khategaon is not "Kakad" Government land but that land is of plaintiff. A decree of injunction be also granted against the defendants that they shall not interfere into the possession of the plaintiffs in respect of the suit property.

(3.) ALTHOUGH the State of M.P. respondent No. 2 was arrayed as defendant No. 2 and the relief has also been sought against it, no written statement was filed by the State Government. The defendant No. 2 was also proceeded ex-parte.