LAXMAN SINGH Vs. JAGANNATH

JUDGEMENT

(1.) This appeal was admitted on the following substantial questions of law :-

(2.) Brief facts of the case are that the plaintiff/respondent has filed a civil suit for possession of agricultural land. The. plaintiff claimed that he is the Bhumiswami of the land bearing survey No. 101 area 0.240 hectare, situated in village Bamuliya, Tehsil Sironj, District Vidisha. This land is 'Kheda'. A public road in on the western side of the land. The house of the defendant is towards southern side of the suit land and remaining lands of the defendant are extended on other two sides of the plaintiff's land. Plaintiff's land is surrounded by defendant's property from three sides except the western side. The plaintiff has applied for demarcation of his land on 25-1-1984 before the Tehsildar. In the demarcation, it was found that the defendant had made some encroachment over the suit land.

(3.) The claim was denied by the defendant. The Trial Court dismissed the suit holding therein that the suit as filed is not complying with the provisions of Order 7, Rule 3, Code of Civil Procedure (hereinafter, referred to as 'Code'), and in the absence of plea of possession of specific land, no decree could be passed. The first Appellate Court reversed the judgment and decree of the Trial Court and decreed the suit.