U.C. Maheshwari, J.

1. The appellants/plaintiff being aggrieved by the judgment and decree dated 23-12-2004 passed by District Judge, Seoni in Civil Regular Appeal No. 6-A/2003 affirming the judgment and decree dated 10-9-2003 passed by Ist Civil Judge Class I, Seoni in Civil Original Suit No. 21-A/99, dismissing his suit for declaration and perpetual injunction against the respondent, has filed this appeal.

2. The facts giving rise to this appeal in short are that the appellant herein filed a suit for declaration and perpetual injunction against the respondent contending that he being Bhumiswami is in possession of agricultural land bearing Survey No. 20 Area 4.00 hectare (Old Khasra Nos. 4/3 and 54/4) and cultivating the same. Earlier this land was in possession of his father Ghooman Singh, subsequently in family partition the same was given to him and after demise of his father before 30-32 years he is coming in possession of the land as Bhumiswami. It is further stated that in connection of the disputed land the revenue cases were instituted in the Court of Tehsildar, in which on earlier occasion fine of Rs. 500/- while on subsequent occasion Rs. 200/- were imposed against h