HARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is filed by the plaintiff against the judgment and decree dated 16.3.2005 passed by Additional District Judge Ganj Basoda, District Vidisha in Civil Appeal No. 83A of 2004 confirming the finding of judgment and decree dated 24.3.2004 of Civil Judge Class 2 Ganj Basoda in Original Civil Suit No. 53A of 2002 dismissing the suit filed by the plaintiff seeking declaration and permanent injunction.

(3.) THE defendant no. 1 and 2 having filed the written statement inter alia contending that the suit land has been given on patta to defendant no. 2 in 1997 -98 and possession has already been delivered in furtherance of said patta. However, on the date of filing of the suit, the plaintiff is not in possession, therefore, injunction may be refused. It is also stated that the plaintiff has not shown his continuous peaceful possession on the suit land hostile to the real owner, therefore, declaration of title may also not be allowed.