RATANLAL Vs. OMPRAKASH

JUDGEMENT

(1.) THIS second appeal by plaintiffs under Section 100 of CPC is directed against the judgment and decree dated 29th April, 2009 passed by Second Additional District Judge (Fast Track Court) Sabalgarh, District Morena in Civil Appeal No. 23 -A/2004 confirming the judgment and decree dated 25/10/2004 passed by Civil Judge, Class -I, Sabalgarh in Civil Suit No. 49 -A/2003. Plaintiffs' suit for declaration and permanent injunction has been dismissed.

(2.) PLAINTIFFS filed a suit inter alia contending that half of the suit land falling in new survey No. 125 area 5 bigha 15 biswa towards north in village Katghar, Tahsil Sabalgarh, District Morena is of the ownership and possession of plaintiffs as well as defendants No. 4 and 5. It is further contended that the original owner was Shri Gajadhar Prasad, father of defendant No. 1. About 35 years ago Shri Gajadhar Prasad orally permitted father of plaintiff No. 1 Budha, father of plaintiffs No. 2 and 3 Tunda and father of defendants No. 4 and 5 Guple to plough the suit land on annual rent (Lagan) of Rs. 17/ -. Since then the plaintiffs, defendants No. 4 and 5 and their sisters are all along been in possession of the suit land, doing cultivation and harvesting crops. After their death, plaintiffs and defendants No. 4 and 5 continued to be in possession thereof and therefore, by virtue of continuous, peaceful, uninterrupted possession for more than a period stipulated in Section 168 of M.P. Land Revenue Code, they have acquired Bhumiswami rights under Section 190 of M.P. Land Revenue Code. It is also submitted that even otherwise since they are in possession of the suit land for last 33 years, they have perfected their title over the suit land by adverse possession.

(3.) THE trial Court based upon the aforesaid pleadings framed issues and allowed parties to lead evidence and upon critical evaluation of the evidence on record, dismissed the suit.