The main legal point established in the judgment is that the appellants failed to prove adverse possession as per the provisions of the Rewa Land Revenue and Tenancy Code, 1935.

( 1 ) THE appellants/plaintiffs have preferred this appeal under Section 100 of C. P. C. being aggrieved by the judgment and decree dated 14-2-1996 passed by 1st additional District Judge, Rewa in Regular civil Appeal No. 9-A/9 5 affirming the judgment and decree dated 15-2-1995 passed by 3rd Civil Judge, Class-II, Rewa in Civil original Suit No. 271 A/94 regarding dismissal of his suit.

( 2 ) THIS appeal was admitted on the following substantial question of law :

"whether on the facts and in the circumstances of the case, the Courts below were justified in holding that though the plaintiff is in possession of the property but has not perfected his title as the permission was permissive. And whether the findings are contrary to record and pleadings. "

( 3 ) THE suit for declaration and injunction was filed by the appellant against the respondents regarding revenue land bearing Survey No. 348 (Old No. 267), area 0. 76, 787 (Old No. 638), area 0. 80 and 1445 (Old number 1091), area 0. 81 acres situated at village Amilike. ( 4 ) ACCORDING to the case of appellants the aforesaid land was recorded in the name of father of respondent No. 1 namely Ram kishore S/o Shri Suryadeen in record of rights under the settlement held in 1921 to 1927, who died in 1943 while his elder son durga Prasad died in his life time in the year 1940-41, thus he survived by respondent no. 1 the only son and legal representative. Ramkishore was unable to pay land revenue on account of it, he was dispossessed by elakedar. The said outstanding land revenue was paid by Gomti Prasad the elder brother of appellants from the fund of Hindu undivided family. On depositing it the possession of land vide Patta dated 20-5-1942 was given to the Gomti Prasad by Elakedar. In the year 1946 partition had taken place in their family in which after taking some gold and silver Gomti Prasad had left his right in favour of appellant No. 2 and Shri Keshav prasad the predecessor of appellant No. 1a to 1g and their father Shri Parmeshwari dayal, who had died in the year 1961. Accordingly since 1942 they are coming in possession and also became Bhumiswami of it. In the year 1969-70 new records of rights were prepared by the revenue officers mistaken the name of said ramkishore S/o Suryadeen was entered as Bhoomiswami in it, which came in the knowledge of the appellants in the year 1974. The same was challenged in appeal before Collector, Rewa the same was allowed vide order dated 1-8-1975 with a direction to enter the name of appellants in the record of rights as Bhoomiswami. The same was implemented but meanwhile aforesaid order was challenged before the Revenue Commissioner in which by setting aside the order of Collector the case was remitted back to the Collector with a direction that' after impleading to respondent No. 1 the appropriate order be passed. Such order was challenged by the appellants before the Board of Revenue and such proceedings was pending on the date of initiation of suit. It is further pleaded that initially on filing the aforesaid proceedings for correction in the revenue record the respondent No. 1 was not impleaded as party and due to order of Commissioner he has become aggressive and intimidated to the appellants for dispossessing them, thus along with the plea of adverse possession the aforesaid suit was filed. ( 5 ) IN written statement respondent No. 1 has contended that in the aforesaid revenue proceeding filed by appellant initially he was not impleaded as party in obtaining the order by practising the fraud while his father Ramkishore was never dispossessed from the land on account of non-payment of land revenue. It was always remained in possession of the respondent's family and the land revenue was also paid by them. It was never paid by Gomti Prasad as said by the appellant. The possession of said land was never given to said Gomti Prasad by patta dated 20-5-1942 or by any other mode. The receipt of land revenue dated 20-5-1942 filed by appellants

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