RADHESHYAM GURJAR Vs. SUDHIR AGRAWAL

JUDGEMENT

(1.) THIS second appeal has been filed by the appellants under Section 100 of Code of Civil Procedure, 1908 against the judgment and decree dated 18 -04 -2012 passed by learned 4th Additional District Judge, Gwalior in Civil Appeal No.37 -A/2011 confirming the judgment and decree dated 30 -03 -2011 passed by learned 5th Additional Judge to the Court of First Civil Judge Class -II, Gwalior in Civil Suit No.14 -A/ 2010 whereby the suit for declaration and permanent injunction filed by the appellant/plaintiff in respect of land bearing survey No.397/1 area 0.146 hectare and survey No.397/2 area 0.086 hectare situated at village Maharajpuragird Tahsil and District Gwalior has been dismissed.

(2.) THE claim of appellant/plaintiff before the trial Court was based upon Khasra entries of above mentioned land from 1985 -86 to 1988 -89 (Ex -P/1) and Khasra entries from 1995 -96 to 1998 -99 (Ex -P/2) which are certified copies in which the name of plaintiff has been mentioned in column No.12 as occupant and name of Matadin and others from whom the defendants claimed to have purchased the land, has been mentioned as owner in column No.3 of Ex -P/1 and defendant Sudhir Agrawal and others have been mentioned in column No.3 of Ex -P/2. The common factor in both the Khasra entires is that name of plaintiff -Radheshyam has been entered as possession holder in compliance of the order dated 07 -11 -1984 passed in case No.32/82 -83/ B -121 by the Additional Tahsildar, Tahsil Gwalior (M.P.). Certified copy of which Ex -P/3 has been filed on behalf of plaintiff.

(3.) CONSIDERING the contradictory certified copies filed by both the parties and further considering the fact that which of the certified copy can be relied following substantial question of law has been framed by this Court vide order dated 08 -01 -2013: <ADV>H.D.Gupta,Santosh Agrawal,Rohit Arya,Prashant Sharma,Sudha Shrivastava</ADV>