BAL KISHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 6.4.2004 passed by the Court of Additional District Judge Ganj Basoda in Civil Appeal No.125A of 2003 affirming the judgment and decree dated 17.10.2003 passed by the Court of Civil Judge Class I, Ganj Basoda in Civil Suit No.67A of 2001 whereby, the suit filed by the plaintiff for declaration of title against the defendant was dismissed. In this appeal, the appellant is referred to as "plaintiff" and the respondent as "defendant".

(2.) THE facts in brief of the case are that out of the reserved Charnoi land bearing Survey No.862/4 area 8.948 Hectares situated in village Bardha, the plaintiff has been in possession of Survey No.2.090 Hectares land (which hereinafter would be referred to as the "disputed land"), declared Kabil Kasht vide Tehsil notification dated 1.5.2001 for more than 30 years and cultivating the same within the knowledge of the defendant/state. It was never vested in the government but the name of plaintiff could not be recorded as Bhumi Swami in the revenue record. As he has been cultivating the disputed land for more than 30 years, he has acquired title to it by way of adverse possession. The defendant has no right and title to dispossess the plaintiff of the land in dispute. Hence, the plaintiff filed a suit against the defendant for the relief stated above.

(3.) THE defendant/State by filing the written statement denied averments made in the plaint stating that the land in dispute is a government land and the plaintiff has failed to disclose origin of his title. The land in dispute has been recorded as reserved Charnoi and vested in the government. The plaintiff has not been in possession of the same for more than 30 years and the status of the plaintiff was also that of encroacher. The land has never been recorded in the name of plaintiff as of holder of it's Bhumi Swami and possession. Since the suit filed by the plaintiff is based on the incorrect facts, it was prayed that the suit filed by him be dismissed.