KADIR ALI Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by the plaintiff/appellant under Section 100 of CPC is directed against the judgment and decree dated 14.08.2008 passed in civil appeal No. 44 -A/2006 by III Additional District Judge, Siroj, District Vidisha confirming the judgment and decree dated 14.11.06 passed in civil suit No. 134A/99. Plaintiff suit for declaration and permanent injunction has been dismissed.

(2.) FACTS necessary for disposal of this appeal are in narrow compass: The plaintiff has filed the suit as regards the suit land situated in village Mahoti Patwari, Halka No. 3 Tehsil Latori District Vidisha as described in para 3 of the impugned judgment passed by the first Appellate Court (hereinafter referred to as the suit land). The plaintiff asserted that his father and thereafter, he is in continuous possession over the suit land for the last 35 years, uninterrupted, peaceful and continuous doing cultivation and harvesting crops. As such perfected title by adverse possession. Revenue authorities gave threat for forcible dispossession, hence, the suit has been filed. The defendant/State filed written statement and denied plaint allegations. It is denied that the plaintiff is in possession over the suit land as claimed. The suit is a Charnoi land a Government land. It is submitted that as a matter of fact, action was initiated as per the provisions of Section 248 of the M.P. Revenue Court 1959 against the plaintiff for having encroached upon the suit land. With the aforesaid pleadings defendant/State prayed for dismissal of the suit.

(3.) LAW as regards as regards adverse possession is well settled. The Hon'ble Supreme Court in the case of Karnataka Board of Wakf v. Government of India and others, : (2004) 10 SCC 779, in para -11 has observed as under: