NRIBHAY SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the concurring judgment and decree dated 31/03/2009 passed in civil appeal No.46A/2008 by Additional District Judge, Ganj Basoda, District Vidisha affirming the judgment and decree dated 14/05/2008 passed in civil suit No.14A/2007 by II Civil Judge, ClassII, Ganj Basoda under section 100 of CPC whereby suit of the plaintiff for declaration and permanent injunction has been dismissed.

(2.) THE subjectmatter of suit land is an agricultural land admeasuring 1.882 hectare in survey No.40, 2.142 hectare in survey No.46 and 1.285 hectare in survey No.83 situated at village Hargnakhedi, Tahsil Ganj Basoda, District Vidisha. Plaintiff asserted that since the life time of his father, the suit land was of their ownership and earlier suit for declaration was filed, however, it was returned back to file before the Court of competent jurisdiction and accordingly, a case under section 57(2) of the Madhya Pradesh Land Revenue Code, 1959 (For short 'the Code') before the Sub Divisional Officer was filed and the same was dismissed vide order dated 26/12/2006 as a result it has necessitated to file the suit. As per the plaint allegations, father of the plaintiff had been in possession prior to abolition of zamindari in Samvat 2007 (1950) and, thereafter, the suit land was in continuous possession of the plaintiff. It is alleged that the revenue authorities have wrongly and illegally recorded the suit land in the name of the defendant No.1/State. With the aforesaid pleadings, the plaintiff submits that since the suit land was in continuous possession for over 30 years to the knowledge of the revenue authorities of the State, therefore, he has perfected title by adverse possession. The action of the defendant No.1/State dispossessing him as an encroacher on 12/04/1993 shall not affect his right of continuous possession over the suit land. As the plaintiff apprehended action of illegal dispossession from the suit land, therefore, filed the instant suit for declaration and permanent injunction.

(3.) DEFENDANT No.2 to 9 have filed a joint written statement and denied the plaint allegations. It was asserted that the suit land was of their ownership as they acquired bhumiswami rights as patta in respect thereof has been granted in their favour by the State. They are in possession over the suit land.