JUDGEMENT
R.S.JHA, J. -
(1.)This appeal has been filed by the
appellants/plaintiffs being aggrieved by the
judgment and decree dated 11 -11 -2003, passed by
the First Additional District Judge, Chhatarpur in
C.A.No. 17 -A/2002 affirming and confirming the
judgment and decree dated 20 -2 -2002, passed by
Civil Judge Class -II, Laudi, District Chhatarpur in
C.S.No. 73 -A/1989 whereby the suit filed by the
appellants/plaintiffs for declaration and permanent
injunction has been dismissed.
(2.)The brief facts leading to filing of the present appeal are that the appellants asserted that they
were in possession of the land bearing Khasra No.
521, area 3.20 decimal situated at village Ghathari, Tahsil Gourihar, District Chhatarpur since Samvat
2013. It was asserted that the land has been given in sub -lease to them by the original owner Gajadhar
on the condition that they would continue to
deposit land revenue. It was stated that the
appellants were in possession of the land since then
which matured into Bhumiswami rights in view of
the provisions of Sections 190/110 of the M.P.L.R.
Code.
It was asserted that the the respondent tried to dispossess the appellant on 20 -8 -1989 on account of which the appellants were forced to file a suit for declaration and permanent injunction. In the suit it was alleged that the appellants had acquired Bhumiswami rights as they were in possession of the land since long and, therefore, perfected their title on account of adverse possession and that they were continuously cultivating the land in dispute and, therefore, they were entitled to injunction.
(3.)Both the Courts below have found that the appellants had not produced any document of title
or document of lease alleged to have been executed
by Gajadhar to indicate the nature of possession
and they have also not proved or established that
they were in possession of the land in dispute since
Samvat 2013, except for producing document Ex.P -
1 to Ex.P -5 which are the Khasra entries. Both the Courts below have held that the appellants have
failed to establish their possession on the land in
dispute or that they have perfected their title by
adverse possession and have dismissed the suit.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.