HAR PRASAD Vs. DHANNULAL

JUDGEMENT

(1.) THIS appeal has been filed by plaintiff who has lost from both the Courts below.

(2.) A civil suit for possession, damages and permanent injunction has been filed by the plaintiff against respondent No. 1-Dhannulal. Defendant No. 2-State of Madhya Pradesh is a formal party in the suit.

(3.) ON bare perusal of the plaint averments, it is gathered that a 'patta' was granted to the plaintiff on 1st July, 1965 by the State Government. The plaintiff has also pleaded that three acres of the land was purchased by him on 3-4-1954 from Seth Kanhaiyalal and thereafter he became owner of that land. It has also been pleaded in Para 2 of the plaint that since the year 1954 the plaintiff is possessing and cultivating the suit land and is paying land revenue. It has been further pleaded that in the month of June, 1986 defendant No. 1 illegally dispossessed the plaintiff and encroached the suit property. In this manner, the plaintiff has filed suit for possession, damages at the rate of Rs. 1,000/- per year from the date of filing of the suit. The plaintiff has further prayed that defendant No. 1 be restrained from interfering in his possession.