U.C. Maheshwari, J.

1. The Appellant/Plaintiff has preferred this appeal under Section 100 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 2.8.03 passed by II nd Addl. District Judge, Gadarwara in Civil Regular Appeal No. 4-A/03, affirming the judgment and decree dated 12.8.02 passed by Civil Judge Class-II, Gadarwara in Civil Original Suit No. 60-A/2002, dismissing his suit filed for declaration and perpetual injunction with respect of the revenue land of village Ishwarpur bearing survey No. 48/1 and 48/3 area 1.789 and 0.809 hectare respectively recorded in the name of Respondent state of Madhya Pradesh.

2. The facts giving rise to this appeal in short are that the Appellant herein filed the above mentioned suit for the above mentioned disputed land situated adjoining to his personal agricultural land bearing survey No. 538 contending that he being in possession of the same from the time of his forefathers since last 80 years, has perfected his right of Bhumi Swami on it. As per further pleading; he being the holder of small piece of his owns land less then 2.000 hectare comes under the category of "marginal farmer" defined under the provision