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1997 Supreme(MP) 509

S.C.PANDEY
Lal Bahadur Singh – Appellant
Versus
State Of M. P. – Respondent


JUDGMENT

S.C. Pandey, J.

1. This appeal Under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 17-4-96, passed by Ist Addl. Judge to the Court of District Judge, Sidhi, in Civil Appeal No. 10-A of 1995, arising out of judgment and decree dated 29-3-1995, passed by First Civil Judge Class-II, Sidhi, in Civil Suit No. 28-A of 1992.

2. This is plaintiff's appeal, whereby he assails the judgment and decree passed by the lower Appellate Court, which reversed the decree of the Trial Court, in favour of the appellant, and dismissed his suit. The case of the appellant was that he was in possession of the suit land, aving an area of 21 x 63', approximately, 0.03 acres which is part of new Khasra No. 437 situated at Village Kotarkalan, Tahsil Gopadbanas, District Sidhi. According to the appellant, the old Khasra No. of the aforesaid place of land was 282/1. The claim of the appellant was based on the allegation that he was in adverse possession of the suit land for over 30 years and, therefore, he had perfected his title by adverse possession. It was claimed by the appellant that he had constructed a house on the suit land which belonged to one Mangal


















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