1. The appellant/plaintiff has directed this appeal under section 100 of the CPC being aggrieved by the judgment and decree dated 29.7.2008 passed by IVth Additional District Judge, Rewa, in Regular Civil Appeal No. 78-A/07 upholding the judgment and decree dated 30.4.07 passed by the IVth Civil Judge, Class II, Rewa in Civil Original Suit No. 172-A/2006, dismissing his suit for declaration and perpetual injunction filed against the respondent with respect of the revenue land bearing Survey No. 553 area 24 dismil situated in Village Chhijwar recorded in the name of respondent/State in the revenue record.

2. The facts giving rise to this appeal in short are that the appellant herein filed the above mentioned suit against the respondent contending that some partition took place between his fore-father and fore-father of Ram Prasad. In such partition, besides the other land, the aforesaid land bearing SN 553 area 24 dismil (old No. 446) was given in the share of his fore-father. As per further averments after abolition of Pavaidar rights vide dated 1.7.1954, such land was remained in cultivation of the appellant and on coming into force the M.P. Land Revenue Code in 1959, by virt