(1.) Plaintiff is the appellant against a confirming judgment in a suit for declaration of title by way of adverse possession, confirmation of possession and permanent injunction.
(2.) The case of the plaintiff is that the suit property was recorded in the name of the State. In the year 1960 his father possessed the said land. The kissam of the land was rakhit. The suit land was not fit for cultivation. His father made it fit for cultivation. His father was in possession of the suit land till his death. After death of his father, he is in possession of the suit land peacefully, continuously and with the hostile animus to the defendants for more than statutory period and, as such, perfected title by way of adverse possession. When the defendants threatened to dispossess him, he instituted the suit seeking the reliefs mentioned supra.
(3.) The defendants were set ex parte. To substantiate the case, the plaintiff examined two witnesses and on his behalf ten documents had been exhibited. On an analysis of the evidence on record and pleadings, learned trial court dismissed the suit holding that the plaintiff has failed to prove that he has perfected title by way of adverse possession. Unsuccessful plaintiff filed R.F.A.No.4 of 2005 before the learned Civil Judge (Sr.Division), Udala, which was eventually dismissed.