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2015 Supreme(MP) 441

ROHIT ARYA
Anant Rao – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
For the Petitioner:D.D. Bansal, Advocate.
For the Respondents: N.S. Kirar, PL.

JUDGMENT :

Rohit Arya, J.

1. Heard on the question of admission.

2. The instant appeal by appellant/plaintiff under Section 100 of C.P.C. is directed against the concurring judgment and decree dated 22/7/2006 passed by Additional District Judge, Ganjbasoda, District Vidisha (M.P.) in Civil Appeal No. 229-A/2005; confirming the judgment and decree dated 24/10/2005 passed by Civil Judge, Class-II, Ganjbasoda in Civil Suit No. 6-A/2005. By the aforesaid judgment, the plaintiff's suit for declaration and permanent injunction in respect of the suit land has been rejected.

3. Plaintiff brought a suit inter alia contending that plaintiff is in possession of the suit land for last 50 years, ploughing the field and harvesting the crops. He is in peaceful, uninterrupted and continuous possession of the suit land, as such has acquired title by adverse possession.

4. Suit was contested by respondent/State inter alia contending that plaintiff is not in possession of the suit land. Plaintiff was an encroacher over the suit land which is a government land. It is denied that plaintiff is in possession of the suit land for last 50 years peacefully, continuously and uninterruptedly. With the aforesaid pl

















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