KISHORA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard on the question of admission.

(2.) THE appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 10.3.2011 passed by the Court of District Judge Vidisha in Civil Appeal No. 77A of 2010, confirming the judgment and decree dated 4.1.2010 passed by the court of II Civil Judge Class I, Vidisha in Civil Suit No. 9A of 2009 whereby, the suit filed by the plaintiff for declaration and permanent injunction in respect of the suit land bearing Survey No. 68 area 5.195 Hectares situated in village Amachavar Distt. Vidisha which hereinafter would be referred to as "disputed land" was dismissed. In this appeal, the appellant is referred to as "plaintiff" and the respondent to as "defendant". The facts in brief of the case are that the plaintiff has been openly and uninterruptedly in possession of the disputed land for more than 30 years and hence, he has acquired Bhumiswami rights over the said land on the basis of adverse possession. It was further pleaded that on 15.11.2007 village Patwari threatened to dispossess the plaintiff of the suit land and to ruin the crop standing on the said land. Hence, the plaintiff filed a suit against the defendant for the relief stated herein above.

(3.) AFTER framing of the four issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court dismissed the suit of the plaintiff against the defendant as stated above.