RAGHUVEER SINGH Vs. SHRIKISHAN

JUDGEMENT

(1.) THIS appeal by the plaintiff under section 100 CPC is directed against the concurring judgment and decree dated 23/08/2010 passed in civil appeal No. 20A/2009 by I Additional District Judge, Ashok Nagar, District Ashok Nagar affirming the judgment and decree dated 19/12/2008 passed in civil suit No. 31A/2008 by I Civil Judge, Class -I, Ashok Nagar. By the aforesaid concurring judgments, plaintiff's suit for permanent injunction has been dismissed.

(2.) PLAINTIFF filed the suit inter alia contending that in respect of the suit land admeasuring 0.784 hectare falling in survey No. 374/2 situated in village Pakrod, Tahsil Isagarh, District Ashok Nagar, the defendant/State has granted patta in case No. 75A/19(1)81 -82 on 25/05/1982 and possession was delivered. Since then, the plaintiff is in continuous, uninterrupted and peaceful possession over the suit land, cultivating and harvesting crops. Having apprehension of being forcible dispossession by defendants No. 1 and 2 with the help of local patwari, plaintiff filed the instant suit seeking permanent injunction.

(3.) BASED on the aforesaid pleadings, trial Court framed issues and allowed parties to lead evidence. Upon critical evaluation of the evidence on record dismissed the suit. On appeal, first appellate Court has again reappreciated the entire oral and documentary evidence on record and found that plaintiff has failed to establish continuous possession over the suit land and the alleged patta (exhibit P/3) is for Samvat 2038 to 2047 (year 1981 to 1990). No khasra panchshala or revenue document has been produced bearing the claim of the plaintiff as regards suit land bearing in survey No. 374/2. The suit land in the revenue record as Government land and there is a stray entry of father of plaintiff as an encroacher. No document/receipt showing payment of lagan has been produced. Under such circumstances, plaintiff failed to establish his possession over the suit land. With the aforesaid findings, first appellate Court affirmed the findings of fact recorded by trial Court.