PRAHLAD BIHARI AHIRWAR Vs. STATE OF M P

JUDGEMENT

(1.) THE plaintiff has preferred this second appeal against the impugned judgment and decree passed by learned Additional District Judge, gadarwara, Distt. Narsinghpur in Civil Appeal No. 50-A/2005 dated 16th may, 2006 dismissing his appeal and thereby affirming the judgment and decree of learned trial Court dismissing the suit for declaration and injunction of plaintiff/appellant.

(2.) IN brief, the suit of plaintiff is that the suit property is agricultural land, the description whereof has been mentioned in the plaint, is being possessed by him. The father of plaintiff Bihari was possessing the suit property up to 1978-79 when he died and after his death appellant is possessing the suit property peacefully and continuously as owner in the knowledge of defendant and, hence, he has perfected his title by way of adverse possession on the suit property. It has also been pleaded in the plaint that Tahsildar, Gadarwara tried to remove the possession of the plaintiff several times and also imposed the fine but the plaintiff was never dispossessed from the suit property. In this manner, it has been prayed that it be declared that plaintiff has perfected title on the suit property by way of adverse possession.

(3.) DESPITE the defendant was served, no appearance was put on its behalf and the trial Court proceeded ex-parte against it. The plaintiff thereafter adduced his evidence and submitted the revenue record w. e. f. 1978 to 2003-04 in which the ownership of the State Government is mentioned and the name of plaintiff's father namely Bihari and thereafter the name of plaintiff is mentioned as trespasser. The plaintiff also examined himself and his witnesses Chunnilal and Mithulal in order to prove his possession.