BUNDU BEG Vs. KAMLA AHUJA & ORS

JUDGEMENT

(1.) This Misc. Appeal has been filed by the appellant/plaintiff being aggrieved by the judgment and decree of remand dated 20.10.2010 passed by the Court of 7th Additional District Judge, Gwalior in Civil Appeal No. 16/2010 reversing the judgment and decree dated 17.02.2010 passed by the Court of First Civil Judge, Class II, Gwalior in case No. 42-A/2009.

(2.) The brief facts leading to the present Misc. Appeal are that plaintiff/appellant had instituted a suit for declaration of title and permanent injunction with respect to a agricultural land situated in patwari halka No. 46, Village Bastari against the defendants/respondents alleging that plaintiff being in possession of the land for more than 39 years came to know in the year 1989 that name of Tilakraj is recorded in the Revenue records that he never remained in possession of the suit land, nor cultivated it. Accordingly, a suit was filed by the plaintiff for declaration and permanent injunction, seeking a relief that plaintiff be declared as owner of the suit land contained in survey No. 608 measuring 7 bigha, survey No. 609 measuring 17 bigha, thus, in all 24 bigas and respondents be restrained to interfere in the peaceful possession of the appellant/plaintiff.

(3.) Vide judgment and decree dated 17.02.2010, the trial Court dismissed the suit refusing the decree on the ground of adverse possession. Being aggrieved by the said judgment and decree first appeal was filed by the appellant/plaintiff, wherein the judgment and decree passed by the trial Court was assailed.