MADAN MOHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants/plaintiffs have filed this appeal under Section 100 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 16.4.2004 passed by the Court of Additional District Judge Gohad District Bhind in Civil Appeal No.30 of 2002 affirming the judgment and decree dated 22.10.2002 passed by the Court of Civil Judge Class I, Gohad in Civil Suit No.6A of 2000 whereby, the suit filed by the plaintiffs for declaration of title and permanent injunction against the defendants was dismissed. In this appeal, the appellants are referred to as "plaintiffs" and the respondents as "defendants".

(2.) THE facts in brief of the case are that the land bearing Survey No.2658/3, 4 and 5 (which hereinafter would be referred to as the "disputed land") has been in possession of the predecessor of the plaintiffs', Kashiram since the time of Zamindari i.e. 2.10.1951. After abolition of Zamindari, their names were recorded in the revenue records as pakka krishak. But now the defendant no.1 has wrongly recorded the plaintiffs as encroaches and illegally allotted the same on patta to the uncle of plaintiffs i.e. defendant no.2, hence, the plaintiffs served a notice under Section 80 of CPC upon the defendant no.1 stating that the plaintiffs be declared bhumi swami in possession of the suit land and patta of the disputed land issued in favour of the defendant no.2 be cancelled. But since the defendant no.1 is illegally interfering with the possession of the plaintiffs, hence, the plaintiffs filed a suit against the defendants for the relief stated above.

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