JAGDISH Vs. VEERENDRA SINGH

JUDGEMENT

(1.) THE appellant/plaintiff has filed this appeal under Section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 28.7.2009 passed by the Court of II ADJ, Morena in Civil Appeal No.8A of 2008 affirming the judgment and decree dated 21.1.2008 passed by the Court of Civil Judge Class I, Morena in Civil Suit No.15A of 2005 whereby, the suit filed by the plaintiff for declaration of title and permanent injunction against the defendant has been dismissed. In this appeal, the appellant is referred to as "plaintiff" and the respondent as "defendant no.1".

(2.) THE admitted facts of the case are that the respondent no.2 State remained exparte before the Courts below. The patta of the disputed land in the Case No.25/02 -03XA/19 was granted by Tehsildar on 30.6.2003 to the defendant. The said land hereinafter would be referred to as 'disputed land'. The appeal filed by the plaintiff against the said grant was dismissed vide order dated 31.5.2005 by SDO, Morena and the revision arising therefrom was also dismissed vide order dated 13.12.2005 by Assistant Commissioner, Chambal Division, Morena.

(3.) THE defendant no.2/state remained exparte before the courts below. However, the defendant no.1 filing the written statement denied the plaint averments stating that the land in dispute is of his ownership and he is in possession of the same. The status of the plaintiff over the land in dispute was of an encroacher and the disputed land being government land, the defendant no.2 has got the right to give patta of it. Even the appeal and revision filed by the plaintiff have already been dismissed. Hence, it was prayed that the suit filed by the plaintiff be dismissed.