BADRI Vs. RAM PRABHAO VISHWAKARMA

JUDGEMENT

(1.) Learned counsel for the appellant is heard on the question of admission.

(2.) THIS Second Appeal under Section 100 of Civil Procedure Code is directed against the judgment and decree dated 18.08.2005, passed in Regular Civil Appeal No. 14 -A/2002 by the 4th Additional District Judge, Rewa, arising out of the judgment and decree dated 25.01.2001, passed in Civil Suit No. 178 -A/1998, by the Civil Judge Class -I, Teothar, District Rewa.

(3.) THE suit filed by the respondent/plaintiff was contested by the appellant on the ground that in fact the land was not belonging to the grandfather of the respondent/plaintiff, on the other hand, the said land was purchased by the appellant in the year 1938 for a consideration of Rs.20/ -, and a temporary house was constructed on the said land. A well was also dug on the said land. In 1967 the temporary house has fallen down and, therefore, with the permission from the Gram Panchayat the house was constructed in the year 1978. This is how the appellant/defendant has come in possession of the land in suit. Since he has remained in possession of the land for a long period within the knowledge of the respondent/plaintiff and the suit was not filed for the said purposes within the limitation, the appellant has perfected his title over the land in suit, by adverse possession.