A.R. Navkar, J.

This is an appeal against the judgment and decree passed by the Additional District Judge, Vidisha, in Civil Appeal No. 41 /72, by which he confirmed the decree dated 20-1-1972, in Civil Suit No. 6A /71 passed by the Civil Judge, Class II, Vidisha.

The facts of the case are that the plaintiff-appellant filed a suit against the respondent for declaration of title on the allegations that the plaintiff-appellant is in possession of the suit lands situated in village Mahrookheri, Tahsil Vidisha, on the basis of a Patta dated 7-7-1950, given to him by the then Zamindar Pannalal, now dead. In 1956, the Tahsil served a notice on the appellant requiring the disputed property to be vacated as it was an unoccupied land and it was not used for many years. When the notice was served on the appellant he filed the suit for declaration and injunction before the trial Court. The trial Court after taking into consideration the evidence on record, dismissed the suit. It held that Ex. P/l (Patta) is not proved and that the papers filed by the plaintiff are not worth believing. Aggrieved by the order of the learned trial Court, an appeal was preferred before the Additional Distri