UPENDRA SINGH TOMAR Vs. GANESHA KUSHWAH

JUDGEMENT

(1.) HEARD on admission. Having regards to the arguments advanced by learned counsel for the parties, perused the record of the Courts below.

(2.) THE appellant has preferred this Second Appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 29 -07 -2013 passed by Tenth Additional District Judge, Gwalior in Civil Appeal No. 43 -A/2013 confirming the judgment and decree dated 30 -11 -2010 passed by Fifth Additional Civil Judge to the Court of First Civil Judge, Class -II, Gwalior in Civil Suit No. 37 -A/2009.

(3.) AFTER taking into consideration the entire evidence and documents available on record, the learned trial Court has held in its impugned judgment and decree that the plaintiff has failed to prove his case that the land in question was given to him on "Patta" by late Fadoliya in the year 1991. The plaintiff has also failed to prove his possession and therefore, he is not entitled to get any relief. Hence, the trial Court dismissed the civil suit filed by the appellant -plaintiff. Against the judgment and decree passed by the trial Court, appellant -plaintiff preferred Civil Appeal No. 43 -A/2013 before the 10th Additional District Judge, Gwalior and the learned appellate Court dismissed the appeal of the appellant by affirming the findings given by the trial Court, wherein it was held the plaintiff could not prove his title as "Bhoomiswami" on the disputed land in question. The appeal was also dismissed on the additional ground that the Civil Court has no jurisdiction to try the case of declaration, as suit is barred in view of provision of Section 257(o) of the Code.