SHYAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is by plaintiffs directed against the judgment and decree dated 23.12.2004 passed by the District Judge, Vidisha in Civil Appeal No. 67A/2004 confirming the findings recorded by Civil Judge, Class -I, Vidisha in Civil Suit No. 112 -A/2003 by judgment and decree dated 26.8.04 whereby the suit filed by the plaintiffs seeking declaration of title on the basis of adverse possession has been dismissed while injunction to the extent of dispossession by following due process of law has been directed.

(2.) THE plaintiffs' case in brief was that they are in possession of the area 0.519 Hectare out of 1.254 Hectare of the disputed Survey No. 29/1/2 and of area 0.146 hectare of the disputed Survey No. 29/2/2 the total area 0.665 Hectare since last 35 -40 years. However by virtue of adverse possession they have acquired the title interest in the suit property. It is further prayed that having possession on the said land they are entitled to seek injunction restraining defendant to not to interfere in their possession.

(3.) AFTER framing the issue and adducing the evidence by the parties trial court as well as appellate court recorded the findings that the plaintiffs have failed to prove their continuous peaceful possession hostile to real owner. However suit seeking declaration was dismissed while plaintiffs were found in possession therefore it was directed that they be evicted by following the due process of law. Being aggrieved by the said judgment this appeal has been preferred.