PEETAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants/plaintiff being aggrieved by the judgment and decree dated 23-12-2004 passed by District Judge, Seoni in Civil Regular Appeal No. 6-A/2003 affirming the judgment and decree dated 10-9-2003 passed by 1st Civil Judge Class I, Seoni in Civil Original Suit No. 21-A/99, dismissing his suit for declaration and perpetual injunction against the respondent, has filed this appeal.

(2.) THE facts giving rise to this appeal in short are that the appellant herein filed a suit for declaration and perpetual injunction against the respondent contending that he being Bhumiswami is in possession of agricultural land bearing Survey No. 20 Area 4.00 hectare (Old Khasra Nos. 4/3 and 54/4) and cultivating the same. Earlier this land was in possession of his father Ghooman Singh, subsequently in family partition the same was given to him and after demise of his father before 30-32 years he is coming in possession of the land as Bhumiswami. It is further stated that in connection of the disputed land the revenue cases were instituted in the Court of Tehsildar, in which on earlier occasion fine of Rs. 500/- while on subsequent occasion Rs. 200/- were imposed against him. On coming to know that such land is belonging to the State Government then after giving the statutory notice to the State authority under Section 80 of CPC intimating them regarding perfection of his right as Bhumiswami by adverse possession he filed the suit declaring him to be the Bhumiswami of such land with a prayer for injunction restraining the respondent from interfering in his possession of the aforesaid land.

(3.) SHRI A.D. Mishra, learned Counsel for the appellant after taking me through the pleadings, evidence recorded by the Trial Court and the documents available on the record, argued that in view of long possession of the appellant for more than thirty years over the disputed land there was sufficient circumstance before the Courts below to draw the inference that he has perfected his right and title against the respondent by adverse possession and in such premises the Court below ought to have decreed his suit but same has been dismissed by the Trial Court under the wrong premises and the Appellate Court has also committed error in affirming the same. He further said that the Appellate Court has committed grave error in dismissing his application under Order 41 Rule 27 read with Section 151 of CPC by which the appellant seeks permission to file some papers related to the proceedings conducted against him by Tehsildar for his removal from the disputed land treating him the encroacher over such land. Such documents are sufficient to prove the long possession of the appellant over the disputed land. Lastly, he said that keeping in view the admission of Patwari that appellant is in possession since 1994 but the same has not been considered with proper approach to grant the decree. With these submissions, he prayed to admit the appeal on the proposed substantial question of law mentioned in the appeal memo.