GAFOOR KHAN ABBOO KHAN Vs. SULTAN JEHAN

JUDGEMENT

(1.) Plaintiff-appellant has filed appeal against the judgment and decree dated 5.8.1994 passed by the Additional Judge to the Court of District Judge, Narsingh Gargh, in Civil Appeal No. 38-A/93 affirming the judgment and decree dated 30.3.1993 passed by the Civil Judge Class I Narsingh Gargh, in Civil Suit No. 10-A/78.

(2.) This appeal was admitted vide order dated 24.7.1996 on the following substantial questions of law :-

(3.) The plaintiff filed a suit for declaration of title and permanent injunction pleading certain facts. Subsequently the plaint was amended vide order dated 11.7.1985. By the aforesaid amendment the plaintiff has taken the plea of adverse possession. It was pleaded by the plaintiff that he was put in possession over the suit land in the year of 1964 and since then he has been in possession over the suit land, hence he perfected his title by adverse possession. Earlier he pleaded that he filed an application before the Tehsildar on 24.7.1964 under Sections 190 and 110 of the M.P. Land Revenue Code for grant of Bhumiswami right on the basis of Shikmi. The Tehsildar dismissed his application thereafter he filed an appeal before the Sub-Divisional Officer and then to the Additional Commissioner and the Board of Revenue. All the authorities have dismissed the claim of the appellant then he filed the suit.