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1987 Supreme(MP) 349

GULAB C.GUPTA
Sultan Khan S/o Jugge Khan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
O.P.NAMDEO, V.S.SHROTI,

JUDGMENT :

( 1. ) THIS second appeal, filed by the plaintiff Under Section 100, Civil Procedure Code is directed against the judgment and decree dated 20-10-1982, passed by Addl. Judge to the Court of District Judge, Sehore in Civil Appeal No. 185-A of 1982, arising out of judgment and decree, dated 25-9-1980, passed by the Civil Judge, Class II, Sehore in Civil Suit No. 53-A of 1979, dismissing the appellants suit for declaration of title over 10 acres of land of Khasra No. 202/1, situated at village Mundla Kalan, Tahsil and District Sehore (hereinafter referred to as the suit land ).

( 2. ) THE appellant filed the present suit on 13-12-1974, seeking declaration of his title over the suit land based on his long and continued possession for about 4 decades as owner thereof. His case was that his father Jugge Khan was in cultivating possession of the suit land during his life time and his possession is even recorded in revenue records since 1351 Fasli year i. e. 1944 A. D. Appellant also submitted that his father died about 10 years before and therefore, the suit land came into his possession. According to him, the Sub-Divisional Officer, Sehore declared the suit land as service land








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