ACHINT KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by plaintiff is directed against the concurring judgment and decree passed by the first appellate court dated 15/4/2008 in Civil Appeal No. 27/2007 confirming the judgment and decree dated 13/8/2005 passed by the trial court in Civil Suit No. 38A/1999. Plaintiff's suit for declaration and possession has been dismissed.

(2.) FACTS necessary for disposal of this appeal are to the effect that the plaintiff filed a suit in respect of agricultural land falling in survey Nos. 2353 and 2350 on the premise that since the time of his ancestors the suit land has been in possession of his forefather and thereafter plaintiff continues to be in possession thereof and, therefore, by virtue of uninterrupted, peaceful and continuous possession over the suit land, plaintiff has acquired title by adverse possession.

(3.) DEFENDANT no.2 filed written statement inter alia contending that she is holding title and in possession of the land adjacent to the suit land falling in survey No. 2354 and for settlement she had filed an application before the Tahsildar, which was registered as case No. 4/96 -97 -AaX19 and thereafter the order of settlement was passed on 18/11/1996 and she is in possession over the suit land.