GAJRAJ SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal, filed by the plaintiff/appellant, is directed against the judgment and decree dated 22.09.2005 passed by the District Judge, Vidisha (M.P.) in Regular Civil Appeal No. 133A/2005 confirming the findings recorded in the judgment and decree dated 27.06.2005 passed by the Civil Judge Class -I, Vidisha in Civil Suit No. 4A/2003 whereby the suit filed by the plaintiffs seeking declaration of title on the basis of adverse possession and permanent injunction has been dismissed.

(3.) DEFENDANT No. 1 filed the written statement denying the plaint averments and said that the plaintiffs were not in possession since last 50 years over the suit land. It is said that the Patta of the land bearing Survey No. 31 area 1.264 hectares was granted to defendants No. 2 to 5 and the possession was also delivered to them. It is further said that the plaintiff is not in continuous, peaceful possession hostile to the real owner, therefore, declaration as prayed cannot be directed.