MATHURA LAL Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal by plaintiff/appellant under Section 100 of C.P.C. is directed against the judgment and decree dated 23/2/2010 passed by Additional District Judge, Sironj, District Vidisha in Civil Appeal No. 43 -A/2006 confirming the judgment and decree of trial Court dated 16/11/2006 passed by Civil Judge, Class -I, Lateri, District Vidisha in Civil Suit No. 173 -A/1999. Plaintiffs suit for declaration and permanent injunction has been dismissed.

(3.) DEFENDANT /State filed written statement inter alia contending that plaintiff was never in possession of the suit land. Plaintiff earlier had also filed civil suit No. 16 -A/98 in respect of the land falling in Khasra No. 88/1 and 88/2 which has been dismissed and the land falling in survey No. 87 is a Charnoi land. No one has right, title or interest over the same. With the aforesaid pleading, prayer was made for dismissal of the suit.