Judgment

The appellant/defendant has filed this appeal under Section 100 of the CPC, being aggrieved by the judgment and decree dated 31.07.2013 passed by Additional Judge to the Court of District Judge Sihora, District Jabalpur, in Civil Regular Appeal No.61-A/2013 whereby, dismissing his appeal, the judgment and decree dated 28.08.2009, passed by IIIrd Civil Judge Class-II Sihora, in Civil Original Suit No.31-A/08, decreeing the suit of the respondent/plaintiff against him for declaration and perpetual injunction with respect of the agricultural land described in the plaint, has been affirmed.

2. The facts giving rise to this appeal in short are that, the respondent herein has filed the impugned suit for declaration and permanent injunction against the appellant with respect of the agricultural land bearing No. 34/4 Area 1.416 Hectare, (renumbered in the fresh settlement as Khasara No.55 area 1.41 Hector) situated in Patwari Halka No.7 at village Nigwani, contending that he being title holder is in possession of such land on the strength of the registered sale deed dated 10.09.1970 (Ex.D.1) executed by appellant in his favour. The appellant did not have any authority to keep or con