MATHURA PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE instant appeal by appellants/plaintiffs under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 25/3/2005 passed by District Judge, Vidisha (M.P.) in Civil Appeal No. 27 -A/2005 confirming the judgment and decree dated 7/2/2005 passed by Second Civil Judge, Class -II, Vidisha in Civil Suit No. 158 -A/2004. By the aforesaid judgment, the plaintiffs' suit for declaration and permanent injunction in respect of the suit land has been rejected.

(3.) THE defendant/State filed written statement and denied the plaint allegations. It is denied that plaintiffs are in possession of the suit land since year 1968. It is submitted that suit land is a charnoi land and plaintiffs are encroachers over the land and suit land is of the ownership of State Government and accordingly same is recorded in the revenue records. The Government has full competence to give the aforesaid land on Patta to landless persons as per the policy of the State Government. With the aforesaid submissions, it is prayed that suit be dismissed.