KALA DEVI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal by plaintiff under Section 100 CPC is directed against the confirming judgment and decree dated 22/12/2005 in civil appeal No.23/2004. Plaintiff's suit for declaration and permanent injunction has been dismissed by the trial court vide judgment and decree dated 3/7/2004 in civil suit No.9A/1990.

(2.) Plaintiff filed a suit inter alia contending that the suit land, as described in para 3 of the impugned judgment, was given on Patta to her husband by the Ex -Zamindar in Samvat 2005; during the Zamindari era, and since then plaintiff's husband had been in cultivating possession thereof and after his death, plaintiff continues to be in possession thereof. Having apprehension of being forcible dispossession in the year 1990 plaintiff filed the instant suit for declaration and permanent injunction.

(3.) Defendant/State filed written statement and denied plaint allegations. It is denied that plaintiff is in possession of the suit land. It is submitted that the suit land is recorded as the Government land and the same has been given on Patta to defendant no.3; an Ex -Army Man, by the State Government. Defendant no.3 is, as such, in possession thereof doing cultivation.