MADHOSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD .

(2.) THIS appeal by plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 29/3/2006 passed by District Judge, Vidisha in Civil Appeal No. 237 -A/2006; confirming the judgment and decree dated 26/11/2005 passed by Civil Judge, Class I, Vidisha in Civil Suit No. 76 -A/2005. By the impugned judgment and decree the plaintiff's suit for declaration and permanent injunction has been dismissed.

(3.) DEFENDANT /State by filing written statement denied the plaint allegations. It is submitted that plaintiff is an encroacher over the suit land. There is no documentary evidence on record to support the claim of plaintiff having been given the land by erstwhile Zamindar and also that plaintiff is in possession of the suit land for the aforesaid period of 53 years. In fact plaintiff was dispossessed from the suit land thrice viz. in the year 1976 -77, on 18/8/1998 and lastly on 19/7/2000. Hence, the suit was prayed to be dismissed.