ANISA BAI Vs. SARMANIYA

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal by plaintiff is preferred under Section 100 of CPC against the concurring judgment and decree dated 3/9/2007 passed by Third Additional District Judge (Fast Track Court), Dabra, District Gwalior in Civil Appeal No. 76 -A/2006; confirming the judgment and decree of the trial Court dated 7/1/2006 passed by Second Civil Judge, Class -II, Dabra.

(3.) DEFENDANT No. 1 has filed written statement and denied the plaint allegations. It is submitted that she has been given Patta in response to the order passed by the Tahsildar, Dabra on 6/9/1960 and based thereupon by registering a case No. 9/99 -2000/A -6, vide order dated 20/10/2000 the suit land has been recorded in her name in the revenue records. The appeal preferred by the plaintiff against the aforesaid order was dismissed and thereafter the revisions preferred by him before the Additional Commissioner, Gwalior and Board of Revenue have also been dismissed. As such, grant of Patta in favour of defendant No. 1 has withstood judicial scrutiny and has been found rightly and validly allotted. It is further denied that plaintiff is in possession of the suit land for the period alleged. In fact defendant is in possession of the suit land since the date of allotment of Patta in her favour. With the aforesaid pleadings, it is prayed that suit be dismissed.