RAMPYARI Vs. SATE OF MP

JUDGEMENT

(1.) THIS appeal under section 100 CPC by the plaintiffs' is directed against the concurring judgment and decree dated 04/02/2005 passed in civil appeal No. 45A/2005 by III Additional District Judge, Morena District Morena affirming the judgment and decree dated 11/12/2002 passed in civil suit No. 158/2001 by I Civil Judge, Class -II, Joura, District Morena, plaintiffs' suit for declaration and permanent injunction has been dismissed.

(2.) THE original plaintiff instituted the suit inter alia contending that the suit land; agricultural land admeasuring 11 bigha 17 biswa falling in survey No. 2399 situated in village Ghureya Basai, Tahsil Joura, District Morena (hereinafter referred to as 'the suit land') though in the revenue record is recorded as forest land, however, the same is recorded contrary to the fact that, plaintiff has all along in possession, doing cultivation and harvesting crops. Since the time of zamindari, he is in peaceful, continuous and uninterrupted possession over the suit land. Suit land is not a forest land nor is in the forest area and, therefore, plaintiff claimed to be perfected title by adverse possession. With the aforesaid pleadings, plaintiff prayed for decreeing the suit.

(3.) ON the aforesaid pleadings, trial Court framed issues and allowed parties to lead evidence. Upon critical evaluation of the entire evidence on record, trial Court has recorded comprehensive findings of fact and dismissed the suit. On appeal, first appellate Court has again reappreciated the entire oral and documentary evidence on record and found that there is no documentary evidence on record demonstrating the right, title and interest or possession thereon. Oral and documentary evidence led by plaintiff contains inherent contradictions and inconsistencies is well -discussed in paragraphs 10, 11 and 12 of the impugned judgment by the first appellate Court. With the aforesaid findings, first appellate Court affirmed the findings of fact recorded by trial Court and dismissed the suit.