MISHRILAL Vs. KASHYA AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 100 CPC by plaintiff is directed against the judgment and decree dated 29/3/2005 in civil appeal No. 44A/2004 confirming judgment and decree passed by the trial court dated 4/3/2003 in civil suit No. 16A/2002. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) FACTS necessary for disposal of this appeal and as on record are to the effect that the suit land admeasuring 1.150 hectare falling in survey No. 111 of village Rajakhedi is recorded in the name of defendant no.1 as Bhoomiswami in revenue records. Plaintiff claims to be in possession of the suit land for last 20 years to the knowledge of defendants uninterruptedly, continuously and peacefully, accordingly he has acquired title by adverse possession. He is ploughing the field and harvesting the crops. Having the apprehension of being forcibly dispossessed by defendant no.1 on 26/12/2001, the instant suit was filed for declaration and permanent injunction.

(3.) TRIAL Court on aforesaid pleadings framed issues and allowed the parties to lead evidence. Upon critical evaluation of the evidence, trial court dismissed the suit. On appeal, the first appellate court has reconsidered the entire evidence on record and has found that the plaintiff has failed to establish the alleged claim of perfection of title by adverse possession. In fact the defendant no.1 has been found to be in possession of the suit land, who was sought to be dispossessed and thereafter the instant suit is filed. With the aforesaid findings the judgment and decree passed by the trial court was confirmed.