PAANSINGH Vs. MANGU AND OTHERS

JUDGEMENT

(1.) This appeal is filed by the plaintiff being aggrieved by judgment and decree dated 16.3.2013 passed by learned Civil Judge, Class - I , Jhabua and the judgment and decree dated 31.1.2015 passed by learned 1st Additional District Judge (Special Judge), Jhabua to the Court of 1st Additional District Judge, Jhabua, by which the suit as well as the first appeal filed by the plaintiff both have been dismissed.

(2.) The plaintiff filed the suit for declaration and permanent injunction in respect of the land bearing Survey No.125 area 0.420 Hect.; 126 area .290 Hect.; and 0.230 Hect. situated at Village Umaria Vajantri, District Jhabua (hereinafter, for short, "the suit land"). As per pleading in the plaint, the suit land and other lands bearing 14 Survey Nos. are recorded in the revenue record in the name of the plaintiff. He is owner of the suit land from life time of his father. Defendants No.1 to 3 are in relation to the plaintiff through uncle and grand father. Defendant No.4 is son of defendant No.1 and defendant No.5 is son of defendant No.2. The defendants do not have any right, title or interest in the suit land. Plaintiff permitted defendants No.1 to 3 for cultivation over the suit land with a condition that as and when he will demand, the possession of the same would be handed over to him. One year before filing the suit, the plaintiff demanded possession of the suit land, but the defendants started dispute and tried to cultivate the land forcibly for which he lodged the report with the police. As the dispute settled in the month of June, 2009, the plaintiff brought into possession of the suit land since then and cultivating the same. The cause of action arose against the defendants on 23.6.2008 when the defendants started disputing. Initially, the plaintiff sought the relief of possession also, but later on, he amended the suit by making a plea that now he is in possession since June, 2009.

(3.) After notice, defendants No.1 to 3 jointly filed the written statement by submitting that they are in possession of the suit land since last 43 years i.e. from the year 1965. The possession of the suit land was given to them by erstwhile owner viz. Bigia hence, they have perfected their title by way of adverse possession over the suit land. The plaintiff has never demanded the possession of the suit land from the defendants as he is already well to do. There was no compromise between them and the plaintiff in the month of June, 2009. Since the plaintiff is not entitled for possession of the suit land, therefore, he is not entitled for mesne profit @ Rs.5,000/- per month.