OMKAR SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal by appellants/plaintiffs under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 6/5/2010 passed by Additional District Judge Sironj, District Vidisha (M.P.) in Civil Appeal No. 22 - A/2006; confirming the judgment and decree dated 22/3/2006 passed by Civil Judge, Class -I, Sironj in Civil Suit No. 25 -A/ 2002. By the aforesaid judgment, the plaintiffs' suit for declaration and permanent injunction has been dismissed.

(3.) FACTS necessary for disposal of this appeal are to the effect that admittedly suit land survey No. 41 having an area of 2.390 hectare situated in village Safdalpur Bhatatori, Patwari Halka No. 33, Revenue Board No. -5, Tashil Sironj, District Vidisha is of the ownership of defendants/State. It is averred that suit land has been in possession of Khilan Singh, father of plaintiff and after his death is in possession of the plaintiffs for last 32 years. Their possession is peaceful, continuous and uninterruptedly, as such plaintiffs have perfected their title by adverse possession. Having appreciated forcible dispossession and grant of Patta in respect of suit land to others, plaintiffs have filed the instant suit for declaration and permanent injunction.