KRIPAL SINGH Vs. CHANDAN SINGH

JUDGEMENT

(1.) THIS appeal by plaintiffs under Section 100 CPC is directed against the judgment and decree dated 6/2/2008 in Civil Appeal No. 52 -A/2007 confirming the judgment and decree dated 7/7/2007 in Civil Suit No. 6A/2006. Plaintiffs' suit for declaration and permanent injunction has been dismissed.

(2.) PLAINTIFFS filed the suit inter alia contending that the suit land admeasuring 0.707 hectare falling in survey No. 185/2 (Ga) situated in village Kundol, Tahsil and District Ashoknagar is of their ownership and they are in possession thereof since Samvat 2034 uninterruptedly, peacefully and continuously to the knowledge of the residents of the village as well as the defendant/State, hence, they have acquired title by adverse possession. Defendant no. 1, who claims to have been given Patta by the State Government, in fact and in effect has no right, title or interest over the suit property and is not in possession thereof. Since the plaintiffs apprehended forcible dispossession by defendant no. 2 in collusion with defendant no. 1, the instant suit was filed seeking declaration and permanent injunction.

(3.) ON aforesaid pleadings, trial court framed issues and allowed the parties to lead evidence. Upon critical evaluation of the evidence on record, trial court dismissed the suit. On appeal, the first appellate court has re -appreciated the entire oral and documentary evidence brought on record. In para 7 and 8 of the impugned judgment it has been observed that the plaintiffs failed to prove their possession over the suit land since Samvat 2034, as claimed, by cogent oral and documentary evidence. Stray entries in Khasra Panchshala in respect of plaintiffs as regards suit land is of no consequence to plaintiffs to claim to have acquired title by adverse possession. As a matter of fact, in most of the Khasra Panchshala filed by plaintiffs, plaintiffs or their father were shown as encroacher of the suit land. With the aforesaid analysis done by the first appellate court, the findings of the trial court were confirmed. Consequently, the judgment and decree passed by the trial court also received the stamp of approval by the first appellate court.