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 17.9.2012 passed by the Court of IV ADJ, Morena in Civil Appeal No.9A of 2011, confirming the judgment and decree dated 29.8.2011 passed by the Court of Additional Civil Judge Class 1 Morena in Civil Suit No.4A of 2009 whereby, the suit filed by the plaintiff for declaration of title and recovery of possession in respect of the disputed land was dismissed. In this appeal, the appellant is referred to as “plaintiff” and the respondents No.1 to 4 as “defendants’.

2. The admitted facts of the case are that the disputed land is in possession of the defendants No.1 to 3 and one Rewati Bai executed a registered sale deed dated 30.5.1984 in respect of Survey No.1024 area 5 Bigha and 14 Biswa (hereinafter would be referred to as “disputed land”) in favour of defendant No.4 Dashrath.

3. The facts in brief of the plaint are that the land bearing Survey No.1024 area 5 Bigha 14 Biswa, 1041/1 area 4 Bigha 13 Biswa, 1047 area 4 Bigha 7 Biswa, 1048 area 5 Biswa situated at Village Mirdhan District Morena and after settlement, new Survey Numbers are