PRATAP NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE instant appeal by appellant/plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 19/1/2015 passed by District Judge, Datia (M.P.) in Civil Appeal No. 16 -A/2004; confirming the judgment and decree dated 13/8/2003 passed by Civil Judge, Class -I, Bhander, District Datia in Civil Suit No. 22 -A/2002. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(3.) DEFENDANT /State filed the written statement and denied the plaint allegations. It is submitted that plaintiff has no right, title or interest over the suit land. He was an encroacher and therefore, dispossession from the suit land and by order of Tahsildar dated 26/7/2002 the suit land has been given on Patta to landless tribes and vacant possession was also delivered. It is further averred that in fact plaintiff since has not claimed relief of possession, suit was not maintainable. Even otherwise suit is based on concocted facts, therefore, prayed for dismissed of the suit.