PRAHILAD KAUSHWAHA Vs. PUSHPA DEVI AND OTHERS

JUDGEMENT

(1.) The appellant/plaintiff has preferred this appeal under Section 100 of the Civil Procedure Code being aggrieved by the judgment and decree dated 8.7.2015 passed by the Second Additional District Judge, Gadarwara, District Narsinghpur in regular Civil Appeal No.55-A/2014 affirming the judgment and decree dated 26.8.2013 passed by the Civil Judge Class-I, Gadarwara, District Narsinghpur in Civil Suit no.22-A/2009, whereby the suit of the appellant filed against the respondents for declaration of his title with respect to the disputed agricultural lands on the basis of adverse possession and perpetual injunction was dismissed.

(2.) Admittedly, the disputed lands bearing Survey Nos.563/1, 563/2, 563/3, 563/4, 563/5 and 563/6 of village Chirahkala, Tehsil Gadarwara are recorded in the revenue record in the name of the respondents No.1 to 6.

(3.) Plaintiff Prahlad Kushwaha filed a suit on pleadings that in the month of June, 1995, he forcefully possessed the suit lands, claimed his title and this fact was in the knowledge of the defendants. Previously, the disputed lands were barren and full of stones. The lands were improved by the appellant who made them capable for agriculture. From above mentioned time, the plaintiff is in peaceful possession of the disputed lands and is doing cultivation. On the basis of the suit lands being recorded in the revenue papers in the name of the defendants No.1 to 6, whose near relative being a T.I. in police department, they tried to dispossess the plaintiff, but the plaintiff could not be dispossessed by the defendants and the plaintiff has perfected his title on the basis of adverse possession. The plaintiff had made cave of Goddess Mahakali in the land bearing Survey No.563/3 after digging it. The plaintiff filed an application before the revenue authorities for recording of his possession in the revenue papers, but the Tehsildar had dismissed his application on 11.8.2008 holding that under relevant provision of the M.P. Land Revenue Code, the possession could not be recorded. After above mentioned order of the Tehsildar, the defendants are trying to illegally dispossess him after making conspiracy with revenue authorities. Thus, the reliefs of declaration of title on the basis of adverse possession and perpetual injunction were prayed by the plaintiff in the plaint.