JUDGMENT :

SACHIN SINGH RAJPUT, J.

1. This appeal is directed against the judgment dated 25.03.2011 passed by 8th Additional District Judge (FTC) Durg, CG (for short the “ADJ”) in Civil Suit No. 7-A/2007 by which suit filed by the plaintiff for declaration of title and permanent injunction has been dismissed.

2. Facts of the case in brief as pleaded in the plaint are that the suit property comprised in piece of Khasra No. 168/1 (Part) area 26.23 acre, Khasra No. 169/3 (part) area 0.45 acre total area 26.68 acre situated at Village Baghera, P.H. No. 72, R.I.C. Durg-2, Tehsil and District Durg happens to be a part of large chunk of the ancestral property of the plaintiff which was partitioned as per mutual agreement between the family members on 06.10.1983. On partition, the disputed land fell in the share of defendant Nos. 2 to 6 but they never came in its possession nor any agricultural activities have been carried out by them, and thus the plaintiff is in peaceful possession from 06.10.1983 and he using the said land even now. Since the plaintiff is in possession of the suit land from 06.10.1983, he claims to have perfected his title by way of adverse possession in the year 1995. The