JUDGMENT

1. This second appeal preferred by the appellant/ defendant No.3 was admitted for hearing by formulating the following substantial questions of law:

''1. Whether the lower appellate Court was not justified in reversing the decree passed by the trial Court and passing a decree for possession even after confirming the answer of issue no.1 ?

2. Whether the lower appellate Court was not justified in passing an order for delivery of possession from the defendant as admittedly the defendant was possessing the land on account of a grant and the suit was barred u/s 257(m) of the M.P. Land Revenue Code ?''

[For the sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

2. PlaintiffGyani Harjas Singh filed a suit for declaration of title and permanent injunction stating interalia that the suit land bearing plot No.28/1, sheet No.52, area 1500 sq.ft. is owned by the State Government on which he has constructed pakka house and staying therein and as such, he is residing for last 31 years and has perfected his title by way of adverse possession, but during pendency of his application for allotment, encroachment proce