MUNESHWAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE . appellant has filed this second appeal under section 100 of CPC against judgment and decree dated 22.10.2010 passed by learned Vth Additional District Judge in Civil Appeal No. 25 -A/10 confirming the judgment dated 17.8.2010 passed in Civil Suit No. 13 -A/09 by learned 6th Civil Judge, Class II, Gwalior. MP.

(2.) THE brief facts of the case are that the plaintiff/appellant has filed a suit for declaration of title cum Bhumiswami and permanent injunction in respect of survey No. 1822,1823 total area 2 bigha 1 biswa situated in city Gwalior on the ground that the suit land was recorded in the name of Shri Jagmbhan Singh who was father of appellant. On the date of abolition of Zamindari, the entry of appellant's father's name was continued in the name of father of appellant till Samvat 2013.Thereafter, the entry was changed without giving notice to late Shri Jagmohan Singh and no opportunity of hearing was given to him. The Bhumiswami right were confirmed that father of Jagmohan Singh and thereafter on appellant/ plaintiff by virtue of Madhya Bharat Land Revenue Tenancy Act that father of appellant was pacca Maurisi tenant at the time of abolition of Jagiris and after coming into force of MP Land Revenue Code, he has become Bhumiswami.

(3.) LEARNED trial Court by impugned judgment and decree dismissed the suit by holding that it has not been proved that plaintiff has acquired Bhumiswami rights by virtue of possession having possession over the suit land. It is further held that defendants have not tried to dispossess the plaintiff illegal. The appeal filed against the impugned judgment and decree was also dismissed. Therefore, the appellant has filed this appeal.