SADHURAM Vs. ONKARLAL

JUDGEMENT

(1.) The present Second Appeal is arising out of the judgment dated 13.09.2013 passed by the Civil Judge, Class-I, Barwani in Civil Suit No.4-A/2012, by which, the trial Court has dismissed the civil suit of the plaintiff. The appeal is also against the judgment dated 30.09.2014 passed in regular Civil Appeal No.8-A/2013 by the District Judge, Barwani, who has affirmed the judgment delivered by the trial Court.

(2.) The facts of the case reveal that the plaintiff has filed a suit for declaration of ownership of the suit property i.e. agricultural land bearing survey No.156 and 288/2 area 2.34 acres situated at Patwari Halka No.2, Tehsil-Thikri against respondent No.1/defendant. The suit was filed for declaration of title by taking a plea of adverse possession.

(3.) Before the trial Court, number of witnesses were examined and the plaintiff has miserably failed to prove his title as well as his possession and on the basis of plea of adverse possession, no relief has been granted to the plaintiff. The finding of fact arrived at by the trial Court has been affirmed by the first appellate Court, meaning thereby, the plaintiff has failed to prove his title as well as his possession in respect of the suit property. On the contrary, the judgment of the trial reveal that it was the defendant, who was the title holder of the property and who was in possession of the suit property.