IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA st ON THE 1 OF MAY, 2023 SECOND APPEAL No. 1543 of 2020 BETWEEN:-

1. DECEASED GANYA S/O MOHAN BHIL THROUGH LEGAL HEIRS (A) RATAN S/O LATE GANYA BHIL, AGED ABOUT 20 YEARS, OCCUPATION: FARMER VILLAGE SALKHEDA, TEHSIL RAJPUR DISTRICT BARWANI (MADHYA PRADESH)

(B) JITENDRA S/O LATE GANYA BHIL, AGED ABOUT 25 YEARS, OCCUPATION: FARMER VILLAGE SALKHEDA, TEHSIL RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

2. PAPPU S/O MANGYA BHIL, AGED ABOUT 33 YEARS, OCCUPATION:

FARMER VILLAGE SALKHEDA, TEHSIL RAJPUR, DISTRICT BARWANI MADHYA PRADESH)

3. GOVIND S/O MANGYA BHIL, AGED ABOUT 35 YEARS, OCCUPATION:

FARMER VILLAGE SALKHEDA, TEHSIL RAJPUR, DISTRICT BARWANI (MADHYA PRADESH)

.....APPELLANTS (SHRI AYUSHYAMAN CHOUDHARY, ADVOCATE FOR THE APPELLANTS)

AND

1. RICHHA S/O GATALYA (DEAD) BHIL THROUGH LEGAL HEIRS (A) KAILASH S/O RICHHA BHIL, AGED ABOUT 40 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

(B) NAYANSINGH S/O LATE RICHHA BHIL, AGED ABOUT 51 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

(C) KALLU S/O LATE RICHHA BHIL, AGED ABOUT 39 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

(D) SUMRIA S/O LATE RICHHA BHIL, AGED ABOUT 35 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

2. BHIKYA S/O GATALYA (DEAD)

THROUGH LEGAL HEIRS (A) SUMERSINGH S/O BHIKYA BHIL, AGED ABOUT 41 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

(B) DHUMSINGH S/O BHIKYA BHIL, AGED ABOUT 40 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE DISTRICT KHARGONE (MADHYA PRADESH)

(C) SURESH S/O LATE BHIKYA BHIL, AGED ABOUT 38 YEARS, OCCUPATION: FARMER VILLAGE CHHILTYA, TEHSIL KHARGONE, DISTRICT KHARGONE (MADHYA PRADESH)

3. KALU S/O GATALYA (DEAD) CASTE BHIL (NO LEGAL HEIRS)

4. THE STATE OF MADHYA PRADESH THROUGH COLLECTOR BARWANI DIST BARWANI (MADHYA PRADESH)

.....RESPONDENTS (MS. ASHI VAIDYA, PANEL LAWYER FOR THE RESPONDENT NO.4/STATE)

This appeal coming on for admission this day, the Court passed the following:

ORDER

Heard on the question of admission.

2. The present Second Appeal has been filed by the appellants/plaintiffs u/S 100 of the Code of Civil Procedure, 1908 (in short “CPC”) against the judgement and decree dated 26.02.2020, passed by the II^nd Additional District Judge, Barwani (M.P.) in regular Civil Appeal No.15/2017, affirming the judgement and decree dated 31.01.2017 passed by the Civil Judge Class-I, Rajpur, District Barwani in Civil Suit No.02A/2014 filed by the appellants for declaration of title and permanent injunction, which was dismissed.

3. It is an admitted fact that agricultural land bearing Survey No.35/1, area 6 acres, situated at village Salkheda, Tehsil Rajpur, District Barwani (M.P.) (hereinafter referred as the “suit land”) is recorded in the name of plaintiffs and the fathers of the respondents as owner. Plaintiffs and defendants are members of same family. The suit land is joint property of both the parties.

4. Facts of the case in brief are that there was a mutual partition for more than 50 years ago between father of appellants/plaintiffs and fathers of respondents/defendants. Thereafter, both the parties are in possession in their respective shares. The suit land was received by father of the plaintiffs in mutual partition. Thereafter, the plaintiffs are in peaceful and continuous possession of the suit land. Therefore, the plaintiffs are owner of the suit land. The appellants alternatively pleaded that the respondents had knowledge that appellants have been in continuous and peaceful possession of the suit land for more than 12 years. Therefore, the plaintiffs became the owner of the suit land on the ground of adverse possession. Accordingly, the appellants/plaintiffs had filed the suit for declaration of title of suit land and perm