BHANWARLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is by plaintiff directed against the judgment and decree dated 22.3.2004 passed by the Additional District Judge, Ganj Basoda District Vidisha in Civil Appeal No. 5 -A/2004 confirming the judgment and decree dated 6.12.2003 passed by Civil Judge, Class -II, Ganj Basoda in Civil Suit No. 114 -A/2002 whereby the suit filed by the plaintiff seeking declaration of title on the basis of adverse possession and permanent injunction has been dismissed.

(2.) THE plaintiff's case in brief was that he is the owner of the agricultural land of Survey No. 847 Min Rakba 4.000 situated in Tehsil Nateran having boundaries specified in the suit. It is said that on the suit land the plaintiff is in possession since last more than 30 years and cultivating the same peacefully therefore by virtue of adverse possession he has acquired title on the land in question. It is further said that the entries made in the revenue papers by the revenue authorities with respect to encroachment of the plaintiff may be removed and he be declared the owner thereto. It is further prayed that the permanent injunction restraining the defendant to not to interfere in his possession may also be directed.

(3.) LEARNED trial court as well as appellate court both dismissed the suit on the pretext that the plaintiff has failed to prove his continuous peaceful possession of last 30 years on the suit land. It is further held that mere stray entry of possession being encroacher do not confer any title to the plaintiff. It is also held that being encroacher he is not entitled to seek permanent injunction in his favour, however, preferred this appeal by plaintiff.