DEVENDRA KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant/plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure against the judgment and decree dated 26.7.2004 passed by the Court of District Judge, Shivpuri (Smt. Renu Sharma) in Civil Suit No.18 -A of 2003 dismissing the suit for declaration and permanent injunction. In this appeal, the appellant is referred as 'plaintiff' and respondent as 'defendant'.

(2.) THE facts in short giving rise to the filing of this present appeal are that the plaintiff instituted a suit for declaration of title and permanent injunction with respect to the agricultural land bearing Survey No.52 area .55 Hectares (old No.67 and 69) situated in village Veeramkhedi Tehsil Kolaras District Shivpuri. It was alleged in the plaint that the plaintiff, his brother Ashok Kumar, Pramod Kumar and mother are Bhumiswami and in possession of the disputed land. It was further alleged that the plaintiff's Grandfather and thereafter his father had been in possession of the suit land and had been cultivating the land for morethan 50 years. It was also alleged that on the basis of long possession, the plaintiff has acquired the right of Bhumiswami. The plaintiff's forefathers prayed for allotment of the suit land on patta but the defendant wrongly allotted 0.15 hectare land of the survey number in dispute to one Santosh Kumar Son of Shri Ratan Chand, even though on the basis of possession, the plaintiff had a preferential right to get the patta of the suit land. It was also pleaded that some other land of plaintiff's ownership is situated adjacent to the suit land. On the above said submission, the suit for declaration of title and permanent injunction was filed by the plaintiff.

(3.) THE following issues have cropped up for consideration in this appeal :