PHOOL SINGH Vs. HAZAARILAL

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THIS appeal is, by the plaintiff, directed against the judgment and decree dated 13.01.2005 passed by the III Additional District Judge (Fast Track), Guna (M.P.) in Civil Appeal No. 102A/2004 whereby setting aside the judgment and decree of Civil Judge Class -I, Raghogarh, passed on 22.12.2000 in Civil Suit No. 105A/1998, the suit filed by the plaintiff seeking declaration of title on the basis of adverse possession has been dismissed.

(3.) DEFENDANTS , by filing written statement, have denied the plaint averments but relationship has been admitted. It is further stated that the plaintiff is not in possession of the suit land as pleaded by him. It is said that about two years back, plaintiff was allowed to cultivate the disputed land, however, after lapse of said period, he refused to deliver the land to defendants, therefore, some dispute arose. Plaintiff does not acquire any title by virtue of adverse possession, however, the suit preferred by the plaintiff ought to have been dismissed.