BHAGWAT SINGH TEKAM Vs. SMT. SHYAMWATI BAI

JUDGEMENT

(1.) HEARD Shri Manoj Sanghi, learned counsel for the appellant on the question of admission.

(2.) THIS appeal is filed by the appellant/plaintiff being aggrieved by the judgment and decree dated 18.1.2012 passed by the Additional District Judge Dindori, in Civil Appeal No. 27 -A/11 affirming and confirming the judgment and decree dated 17.3.2011 passed by the Civil Judge Class -II, Dindori, in Civil Suit No. 15 -A/09 whereby the suit filed by the plaintiff for declaration and permanent has been dismissed.

(3.) IT is submitted that there is a presumption in favour of the appellant in view of the provisions of Section 117 of the M.P. Land Revenue Code and in such circumstances, the courts below have erred in dismissing the suit and the appeal filed by the appellant. It is further submitted that the courts below have ignored the material evidence brought on record and therefore, the impugned judgment and decree be set aside.