RADHELAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal under section 100 CPC by the plaintiffs' is directed against the concurring judgment and decree dated 24/12/2005 passed in civil appeal No. 121A/2005 by District Judge, Vidisha District Vidisha affirming the judgment and decree dated 12/05/2005 passed in civil suit No. 63A/2003 by Civil Judge, Class -I, Vidisha. By the aforesaid concurring judgments, both the Courts below have dismissed the suit of the plaintiffs' for declaration and permanent injunction.

(2.) THE plaintiffs' have inter alia contended that the land admeasuring 2.250 hectare out of total 3.376 hectare is falling in survey No. 31, Patwari Halka No. 52 in village Katsara, tahsil & district Vidisiha (hereinafter referred to as 'the suit land'). According to the plaintiffs', possession of the suit land was delivered by father of defendant No. 2 in the year 1960 by an oral agreement. As such for the last 40 years (as on the date of institution of the suit), the plaintiffs' are in peaceful, uninterrupted and continuous possession over the suit land, ploughing the filed and harvesting crops. This fact of possession is well within the knowledge of the defendant/State. Hence, plaintiffs' have acquired title over the suit land by adverse possession. They are as such entitled for recording of their names as bhumi swami in the revenue record in respect of the suit land.

(3.) TRIAL Court on the basis of the aforesaid pleadings framed issues and allowed parties to lead evidence. On critical evaluation of the evidence on record, trial Court has held that the claim of the plaintiffs' in respect of delivery of possession in the year 1960 by Bhawani Prasad, father of defendant No. 2 is without any basis as the plaintiffs' have failed to establish as to how the aforesaid suit land is claimed to be in possession of the father of the defendant No. 2. Besides, there is no documentary evidence to demonstrate and establish that the suit land is of the ownership of plaintiffs' and they are in possession thereon. By referring to khasra exhibit P/9, it is found that patta which was earlier granted in favour of Bhawani Prasad was cancelled by the orders of Collector dated 26/05/1978 in case No. 34/77 -78. Trial Court has also examined oral and documentary evidence as well and found that the same suffers from inherent contradictions and lacs substance. As such, neither documentary evidence nor the oral evidence establishes the claim of plaintiffs' as regards possession over the suit land for the last 40 years. First appellate Court has affirmed the findings of the trial Court.