DEEWAN SINGH Vs. LAL JI

JUDGEMENT

(1.) THIS appeal by the plaintiffs' is directed against the concurring judgment and decree dated 23/12/2003 passed in civil appeal No.99A/2003 by Additional District Judge, Ganj Basdoa District Vidisha affirming the judgment and decree dated 06/09/2003 passed in civil suit No.144A/2003 by III Civil Judge, ClassII, Ganj Basoda, District Vidisha under section 100 of CPC whereby plaintiffs' suit for declaration and permanent injunction has been dismissed.

(2.) SUIT land is an agricultural land admeasuring 9 Bigha 4 Biswa falling in old survey No.312 and new survey No.284 situated in village Mudra Shekpur, tahsil Nateran, District Vidisha. Plaintiffs' filed the suit asserting title by adverse possession claiming to be in possession over the suit land for the last more than 12 years. However, the plaint lacks material particulars as regards the date on which plaintiffs' entered possession and since when perfected title by adverse against the defendant/State besides facts as regards continuity of possession, peaceful and uninterrupted.

(3.) DEFENDANTS ' No.1 to 3 have filed written statement and denied the plaint allegations with a further submission that the suit land has been given to them by the defendant/State on patta. It is further submitted that they are in possession over the suit land, cultivating it and harvesting crops.