SURENDRA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is filed by the plaintiff against the judgment and decree dated 24.4.2006 passed by District Judge Vidisha in Civil Appeal No. 7A of 2006 confirming the finding to dismiss the suit seeking declaration on the basis of adverse possession vide judgment dated 29.11.2005 passed by II Civil Judge Class II Vidisha in Civil Suit No. 109A of 2004. The appellate court while passing judgment directed that the defendant shall not dispossess the plaintiff without following the due process of law.

(3.) THE plaintiff inter -alia contended that he is in possession of the agricultural land bearing Survey No. 226 area 0.679 Hectares out of the area 0.679 Hectares situated in village Availa Tehsil and District Vidisha. It was stated that the said land was given on patta by Zamindar Hamir Singh to Grandfather of the plaintiff Jhhunnulal. Thereafter, he continued to be in possession, on death through legal heirs. Thus plaintiff is in possession of the suit land since the time of abolition of Zamindari which is continuous and peaceful, therefore, the suit filed by him may be decreed. Permanent injunction was also sought to restrain the defendant from interfering in his possession.