(1.) This Second Appeal under Section 100 CPC has been filed against the judgment and decree dated 7/11/2017 passed by the Eighth Additional District Judge, Gwalior in Civil Appeal No.43A/2016, thereby affirming the judgment and decree dated 30/8/2010 passed by the Fourth Additional Civil Judge, Class-II, Gwalior in Civil Suit No.8A/2009.
(2.) The necessary facts for disposal of the present appeal in short are that a suit for declaration of title and permanent injunction was filed by appellant/plaintiff with regard to the land bearing survey nos.478, 472 and 473 situated in village Jagnapura, District Gwalior on the ground that he is in possession thereof for the last more than 30 years and prior to that his father was in possession of the same and the name of his father was also recorded in the revenue record as a person in possession and now the defendants are trying to interfere with the peaceful possession of the plaintiff.
(3.) The trial court after framing issues and recording the evidence of the parties, dismissed the suit by judgment and decree dated 30/8/2010 passed in Civil Suit No.8A/2009 by holding that the appellant has failed to prove that he is the owner and in possession of the land in dispute and the appellant has also failed to prove that the respondents/defendants are trying to dispossess the appellant.
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