(1.) This Second Appeal, under Sec. 100 of the CPC, has been filed by the appellant/plaintiff against the judgment and decree dtd. 7/2/2008 passed by Additional District Judge (Fast Track Court), Jaura, in Civil Appeal No. 79-A/07, by which the appeal filed by respondents/defendants against the judgment and decree dtd. 17/02/2007 passed by Civil Judge Class II, Jaura, District Morena in Civil Suit No.6A/2006, has been allowed and the suit filed by appellant has been dismissed.
(2.) Facts necessary for disposal of this appeal, in short, are that appellant/plaintiff preferred a civil suit for declaration that he is the owner and in possession of land bearing Survey No.387 area 0.63 Aare situated in Village Kakardha and the lease giving land to defendant nos.2 to 9 is null and void to the extent of title of plaintiff, as well as, for permanent injunction.
(3.) It was the case of plaintiff/appellant that prior to settlement, the land in dispute was in Survey No.220/2. However, after settlement, its survey number became 387. From Samvat 1993 (i.e. year 1936), his grandfather Sarman was in possession and after death of his grandfather, his father Vasaliya Khan remained in continuous possession of the same and after death of his father, plaintiff is cultivating the land and is regularly making payment of penalties which are being imposed by the State. It was further pleaded that plaintiff/appellant was never dispossessed and, therefore, plaintiff/appellant has perfected his title by way of adverse possession. Tahsildar Jaura has illegally granted Patta to defendant nos. 2 to 9 in Case No. 9/01-02/A-19 vide order dtd. 14/5/2002 and now defendants are trying to dispossess the appellant/plaintiff. It is the case of plaintiff/appellant that he has perfected his title by way of adverse possession.