Mudgal, J. 1. The appellant/plaintiff has filed this appeal under section 96 of the Code of Civil Procedure against the judgment and decree dated 26.7.2004 passed by the Court of District Judge, Shivpuri (Smt. Renu Sharma) in Civil Suit No.18-A of 2003 dismissing the suit for declaration and permanent injunction. In this appeal, the appellant is referred as ‘plaintiff’ and respondent as ‘defendant’.

2. The facts in short giving rise to the filing of this present appeal are that the plaintiff instituted a suit for declaration of title and permanent injunction with respect to the agricultural land bearing Survey No. 52 area 0.55 Hectares (old No.67 and 69) situated in village Veeramkhedi Tehsil Kolaras District Shivpuri. It was alleged in the plaint that the plaintiff, his brother Ashok Kumar, Pramod Kumar and mother are Bhumiswami and in possession of the disputed land. It was further alleged that the plaintiff’s Grandfather and thereafter his father had been in possession of the suit land and had been cultivating the land for morethan 50 years. It was also alleged that on the basis of long possession, the plaintiff has acquired the right of Bhumiswami. The plaintiff’s forefa