GANGADHAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal under section 100 CPC against the judgment and decree dated 7.3.2003, passed by the Ilnd ADJ (Fast Track Court) Shujalpur in 1st Appeal No. 3-A/03, confirming the judgment and decree dated 27.7.1999 passed by 1st Civil Judge Class-II Shujalpur in civil Suit No. 103/1998.

(2.) THE case of the appellant-plaintiff is that he has been in possession of the suit land bearing survey No. 1869/1, area 27 Bighas, 14 Biswas, situated at village Surtipura Behrawal, tehsil Shujalpur since 1931 and the land was allotted to the appellant by the then Zamindar Bhanwarlal s/o Dulichand on 'Haq Mourusi Patta' and since then the appellant-plaintiff is continuously cultivating the land. After the abolition of Zamindari the plaintiff has become the Bhumiswami of the suit land.

(3.) THE learned trial Court and the learned appellate Court have held that the plaintiff has failed to prove that he was in possession of the suit land since 1931 and the suit was dismissed by both the Courts below. The appellant has proposed following substantial questions of law :