NATHU LAL Vs. BABULAL

JUDGEMENT

(1.) This Second appeal under Section 100 of CPC assails the concurrent findings of two courts below whereby the suit filed for declaratory decree of title and permanent injunction in respect of suit property against the defendants has been rejected.

(2.) The arguments of learned counsel for the rival parties are heard on the question of admission and the record of both the courts below is perused.

(3.) The plaintiff claimed the declaratory decree of title and permanent injunction on the basis of adverse possession of the suit land since 1957 when the plaintiff claimed that his father purchased the suit land for a consideration of Rs. 350/in regard of which no registered document is available except for receipt of the said consideration and a deed of conveyance recorded on a plain paper which is not registered . The trial court found that besides the above said unregistered document certain applications were produced by the plaintiff in respect of his claim which had been filed before the Collector Guna. The plaintiff also claimed title on the basis of adverse possession but did not produce any revenue record in support of his continuous uninterrupted possession of the suit land. In addition to the said documentary evidence, the plaintiff recorded his statement before the trial court.