SUKHIA BAI Vs. MAHESH

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 20.1.2009 passed by the Court of X Additional District Judge, Gwalior (Shri Upendra Kumar Singh) in Civil Suit No.50A of 2006 whereby, the suit filed by the plaintiff Sukhia Bai for declaration of title and permanent injunction in connection with the land bearing Survey No.519 area 0.073 Hectare situated at village Kota Haar, Lashker was dismissed. In this appeal, the appellant is referred as 'plaintiff' and respondents as 'defendants'.

(2.) The facts, in brief, of the plaint are that the plaintiff has been in possession of the disputed land since 23.11.1991 within the knowledge of the defendants owing to which, she has acquired the right of Bhumiswami on the basis of adverse possession. The defendants no.1 and 2 were trying to dispossess the plaintiff, hence, the suit was filed for the relief as stated earlier.

(3.) The defendants submitting their written statement have stated that the plaintiff has neither acquired the right of Bhumiswami nor is in possession of the disputed land. The entire suit is based on bogus facts. The plaintiff is not entitled to get any relief in the suit.