MANTOLI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by the plaintiff under section 100 CPC is directed against the concurring judgment and decree dated 09/05/2008 passed in civil appeal No. 22A/2006 by Additional District Judge, Sabalgarh, District Morena affirming the judgment and decree dated 26/04/2006 passed in civil suit No. 56A/2005 by Civil Judge, Class -I, Sabalgarh, plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) PLAINTIFF claimed title and possession over the suit land admeasuring 0.40 hectare falling in survey No. 105 (old survey No. 62) since Samvat 2025 (Year 1968). He claimed to be landless person having no source of income. The suit land which was earlier padat has been taken possession and developed the land and since then, he is doing cultivation and harvesting crops thereon. The suit land is not recorded in his name, in the revenue recorded and instead the same is shown as charnoi land. Plaintiff claimed to be in continuous, peaceful and uninterrupted possession over the suit land since Samvat 2025 (Year 1968) and perfected title over the suit land by way of adverse possession. Having apprehension of forcible dispossession, plaintiff filed the instant suit seeking declaration and permanent injunction.

(3.) BASED on the aforesaid pleadings, trial Court framed issues and allowed parties to lead evidence. Upon critical evaluation of the evidence on record, trial Court dismissed the suit. On appeal, first appellate Court has again reappreciated the entire oral and documentary evidence on record and reached the conclusion that the plaintiff failed to establish his continuous, peaceful and uninterrupted possession over the suit land for the last 30 years and thereby perfected the right and title against the State. No documentary evidence is brought on record showing legal possession of the plaintiff. In the revenue record, the suit land has all along been recorded as ownership of the State. With the aforesaid findings, first appellate Court affirmed the findings of fact recorded by trial Court.