1. The appellant/plaintiff has filed this appeal under section 100 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 6.4.2004 passed by the Court of Additional District Judge Ganj Basoda in Civil Appeal No.9A of 2004 affirming the judgment and decree dated 28.11.2003 passed by the Court of Civil Judge Class II, Ganj Basoda in Civil Suit No.70A of 2002 whereby, the suit filed by the plaintiff for declaration of title and permanent injunction against the defendant was dismissed. In this appeal, the appellant is referred to as “plaintiff” and the respondent as “defendant”.

2. The facts in brief of the case are that out of the reserved Charnoi land bearing Survey No.862/4 area 8.478 Hectares situated in village Bardha, the plaintiff has been in possession of Survey No.2.090 Hectares land (which hereinafter would be referred to as the “disputed land”) since 2.10.1965 and cultivating the same within the knowledge of the defendant/state. It was never vested in the government but the name of plaintiff could not be recorded as Bhumi Swami in the revenue record. As he has been cultivating the disputed land since 2.10.1965 i.e. more than 30 years, he has acquired title to it by way of adverse possession. The defendant has no right and title to dispossess the plaintiff and to grant patta to others of the land in dispute. Hence, the plaintiff filed a suit against the defendant for the relief stated above.

3. The defendant/State by filing the written statement denied averments made in the plaint stating that the land in dispute is a government land and the plaintiff has failed to disclose origin of his title. The land in dispute has never been in the possession of the father of the plaintiff and has been recorded as government land and vested in it. The plaintiff has not been in possession of the same for more than 30 years and the status of the plaintiff was also that of encroacher. The land has never been recorded in the name of plaintiff as of holder of it's Bhumi Swami and possession. Since the suit filed by the plaintiff is based on the incorrect facts, it was prayed that the suit filed by him be dismissed.

4. After framing of six issues, recording evidence of both the parties and having considered the recorded evidence, the learned trial Court dismissed the suit of the plaintiff against the defendant as stated above.

5. Being aggrieved by the judgment and decree passed by learned trial Court, the plaintiff filed an appeal before the first appellate Court which was also dismissed. Hence, this second appeal has been filed as stated herein above.

6. Heard learned counsel for the parties and perused the record.

7. The learned counsel for the appellant submitted that both the Courts below have committed error in dismissing the suit of plaintiff for declaration of title and permanent injunction even though the plaintiff has been in adverse possession of the disputed land for more than 30 years within the knowledge of the defendant. Learned counsel further argued that possession of the plaintiff/appellant was found by both the Courts below but in spite of that fact both the Courts below have dismissed the suit for injunction. The said relief ought to have been granted for protection of possession.

8. The plaintiff has claimed his title to the disputed land on the basis of adverse possession for more than 30 years, however, he has not produced any document showing his possession as pleaded in the plaint. Only one document of Khasra Ex.P/1 of year 2000-2001 has been produced on record in which, the disputed land shown as that of Charnoi has been stated to be of the ownership of government. The status of the plaintiff is here that of an encroacher. The story of adverse possession put forth by the plaintiff appears to be bugus and baseless. In this regard, both the learned Courts below having discussed the evidence on record, have justly dismissed the suit. No error has been found in their findings as