MAHADEVI Vs. SARLADEVI

JUDGEMENT

(1.) HEARD on I.A. No. 159/2011, an application under Order XLI Rule 27 for taking khasra entry of the year 2010 -11 on record.

(2.) PLAINTIFF has claimed possession over the suit land for last 40 years. In the trial Court the Khasra Panchshala of year 2009 -10 was produced to justify her claim of long continuous, peaceful and uninterrupted possession over the suit land. The claim based on the solitary Khasra Panchshala of year 2009 -10 has been rejected by the Court below. Now the Khasra of year 2010 -11 has been filed, which in the opinion of this Court, cannot improve the case of plaintiff even if it is taken into consideration as on the basis of this it cannot be held that plaintiff is in possession of the suit land for last 40 years.

(3.) THIS appeal by plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 1/11/2010 passed by Fourth Additional District Judge, Gwalior in Civil Appeal No. 18/2010; confirming the judgment and decree dated 1/7/2010 passed by Fifth Civil Judge, Class II, Gwalior in Civil Suit No. 79 -A/2009. By the impugned judgment and decree, the plaintiff's suit for declaration and permanent injunction has been dismissed.