SUNIL RAO Vs. STATE OF M P

JUDGEMENT

(1.) This appeal by the plaintiff under Section 100 of CPC is directed against the concurring judgment and decree dated 18.08.2005 passed in Civil Appeal No.77 -A/2005 by the learned District Judge, Sheopur, confirming the judgment dated 15.04.2005 passed in Civil Suit No.19 -A/2004 by II Civil Judge, Class -I, Sheopur. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) Facts necessary for the disposal of this appeal are that the plaintiff claimed to be in possession of the suit land of Area 5 Bigha 14 Viswa falling in Survey No.1134/1. The said land is registered as Government land in the Khasra entries and is in the name of Khidak Maveshi. Out of the said Survey number 0.251 Hectare land is in the possession of the plaintiff and on that a house has been constructed and he is living in the same. The land is being used for housing purpose and many houses have been built on the said land. The plaintiff is residing in that house for about 35 -36 years and the Gram Panchayat has granted permission for construction of a new house. The plaintiff has acquired the title on the basis of adverse possession but the Respondent/Defendant No.1 has initiated the proceedings for dispossessing him from the suit land. As such, the instant suit has been filed for Declaration and Permanent Injunction.

(3.) Respondent/Defendant No.1 has not filed written statement whereas Respondents/Defendants No.2 and 3 have filed the written statement and denied the plaint allegations. It is submitted that the suit land is a Government land. The Appellant/Plaintiff is not in possession for the last 35 -36 years. The Gram Panchayat has not given any permission but the land was permitted to be used as cattle yard. The Plaintiff is an encroacher and does not have the title over the suit land. With the aforesaid pleadings, suit was prayed to be dismissed.