LALA RAM Vs. JAGDISH

JUDGEMENT

(1.) Heard on admission.

(2.) The present appeal has been preferred at the instance of plaintiffs, aggrieved by the judgment and decree dated 10 -07 -2007 passed by learned First Additional District Judge, Ashoknagar in Civil Appeal No.06/2007 confirming the judgment and decree dated 28 -08 -2006 passed by learned Civil Judge Class -I, Ashoknagar in Civil Suit No.96 -A/2004. Appellants/plaintiffs have suffered both the Courts below.

(3.) Brief facts leading to the case are that the appellants/plaintiffs filed a suit for declaration and permanent injunction against the defendant in respect of of the land bearing survey No.419 area 1.254, situated in village Haider Tahsil Isagarh District Ashoknagar. According to the plaint allegations, the said land was given by father of the defendant to the plaintiffs and since last 22 years the plaintiffs are in possession of the land and taking fruits whereof. Further allegation of the plaintiffs is that they are in possession of the suit land within the knowledge of Deewan Singh and the plaintiffs' possession is uninterrupted for last 22 years and mutation proceedings had also started before Tahsil Court, Ashoknagar wherein the order was passed after recording the statement of Deewan Singh on 05 -03 -1983. Therefore, the plaintiffs sought decree of declaration on the basis of adverse possession and injunction against the defendant.