JUDGMENT

1. The State of M.P. and another have filed this second appeal against the judgment dtd. 29/7/2016 passed by Civil Judge, Class-I Garoth, District Mandsaur whereby the suit filed by the respondents/plaintiffs has been decreed and also against the judgment dtd. 9/11/2017 whereby RCA no.3-A/2017 has been dismissed by Additional District Judge, Bhanpura Link Court Garoth District Mandsaur. The facts of the case in short are as under:-

2. The respondents/plaintiffs have filed a suit for declaration and permanent injunction in respect of agricultural land bearing survey no.619/1476 admeasuring 1.079 Hectare situated in village Shamgarh Tehsil Garoth District Mandsaur ("hereinafter referred to as the suit land"). According to the respondents/plaintiffs, this suit land was recorded in the name of their forefathers in the revenue record from 1958-1959. After their death, they are in the possession and cultivating the suit land. In the year 2013 family partition took place and this suit land came into the share of the family of plaintiffs. They applied demarcation of the suit land before Tehsildar. When the demarcation was not carried out, a complaint was made to the Collector in Ja