SARDAR SINGH YADAV Vs. STATE OF M.P

JUDGEMENT

(1.) THIS appeal by plaintiffs is directed against the judgment and decree dated 21/2/2005 in Civil Appeal No.9 -A/2004 passed by the Second Additional District Judge, Mungawali, Fast Track, District Guna confirming the judgment and decree dated 18/5/2001 passed in Civil Suit No.40 -A/1999 by the Civil Judge, Class -I, Mungawali, District Guna.

(2.) RESPONDENT No.2, Naib Tahsildar, Circle -2, Tahsil Mungawali had initiated proceedings under Section 248 of the M.P. Land Revenue Code vide case No.1020A/68/85 -86 against the appellants/plaintiffs alleging encroachment in an area of 12X42 ft. falling in survey No.107 admeasuring 1.704 hectare. The proceedings culminated into inholding that the plaintiffs have encroached upon the aforesaid area and fine of Rs.500/ - was imposed upon them.

(3.) IN the suit, the aforesaid order of respondent No.2 had been questioned on the ground that the aforesaid proceedings under Section 248 of the M.P. Land Revenue Code were initiated and concluded behind the back of the plaintiffs. It is further averred that the total area admeasuring 1.704 hectare falling in survey No.107 has not been demarcated and the alleged encroachment over the area of 12X42 ft. was also not demarcated. Under such circumstances, the order dated 12/6/86 declaring the appellants/plaintiffs to have encroached upon the aforesaid area and ordering eviction is bad in law. On such facts, the plaintiffs filed suit for declaration and permanent injunction inter alia further contending that as per agreement with the owner of the suit land, namely, Komal Singh S/o Jawaharlal, they were put in possession of the suit land on 1/1/1973 and thereafter vide registered saledeed dated 9/7/1979 title thereof was transferred in the name of plaintiffs. They have raised construction over the suit land and are in possession thereof. It is further averred that the suit land is in possession of the plaintiffs through Komal Singh for last 34 years, therefore, they have even otherwise acquired title over the suit land by adverse possession.