MISHRILAL Vs. STATE OF M P

JUDGEMENT

(1.) PLAINTIFF is in second appeal under section 100 of CP Code against the judgment and decree dated 6.2.1981, passed by Additional District Judge, Dewas in Civil Appeal No. 26-A/1977, which in turn reverses the judgment and decree dated 24.2.1977, passed by Civil Judge Class If, Bagli in Civil Suit No. 81-A of 1975. This appeal was admitted for final hearing on the following substantial questions of law :-

(2.) FACTS that led to filing of suit and eventually this appeal need mention in brief.

(3.) THE trial Court essentially decreed the suit on the plea of adverse possession in favour of plaintiff. However, in an appeal filed by the defendants (State) the lower appellate Court had allowed the appeal and set aside the impugned judgment of the trial Court. As a consequence, the suit was dismissed. It is against this dismissal of the suit i.e. allowing the appeal filed by the defendant, the plaintiff has come up in second appeal.