SANTOSH SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) This is plaintiffs second appeal against that judgment and decree passed by learned Trial Court and which has been affirmed by learned First Appellate Court.

(2.) The plaintiff filed a suit for declaration that the proceeding initiated against him by the State Government (defendant) under Section 248 of the M.P. Land Revenue Code (in short "Code") is illegal and ineffective against him and the Patta, dated 1-6-1959, which has been given to him in pursuance to the order of Tehsildar, dated 29-4-1959, he had become the Bhumiswami on coming into the force of the Code. In the alternative, it has been prayed that since the plaintiff is possessing the suit property for last 35 years he has acquired the Bhumiswami right by way of adverse possession. A decree of permanent injunction has also been sought by him that the defendants be restrained from interfering into his possession.

(3.) The defendants filed written statement and refuted the plaint averments, however, the possession of the plaintiff has been admitted. According to defendants, the possession of the plaintiff is that of a trespasser.