PAPPU BHOI 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.9A of 2004 affirming the judgment and decree dated 28.11.2003 passed by the Court of Civil Judge Class II, Ganj Basoda in Civil Suit No.70A of 2002 whereby, the suit filed by the plaintiff for declaration of title and permanent injunction 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 8.478 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") since 2.10.1965 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 since 2.10.1965 I.e. 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 and to grant patta to others of the land in dispute. Hence, the plaintiff filed a suit against the defendant for the relief stated above.

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