Judgment

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 30.5.2011, passed by the High Court of Madhya Pradesh, Gwalior Bench, in Second Appeal No. 256 of 2005 whereby said court allowed the second appeal and set aside the decree passed by VIII Additional District Judge, Gwalior, in Civil Appeal No. 5A of 2005, and the one dated 30.11.2004 passed by the trial court (V Civil Judge Class II, Gwalior, in Civil Suit No. 189 A of 2004).

2. Heard learned counsel for the parties and perused the papers on record.

3. Briefly stated, case of the appellant (defendant) is that land in question bearing survey Nos. 376 to 400 and 401 to 411, measuring 45 bigha 10 biswa situated at village Dinapur, Tehsil and District Gwalior, was acquired by the State Government for setting up industrial area, in the year 1946. However, the industrial area could not be set up and a part of the land appears to have been given on lease to plaintiff-respondent Nomi Singh on 11.5.1951 for a period of one year. In the year 1978 Tehsildar (Nazul), Gwalior, vide order dated 21.11.1978, passed in case No. 560A/68-74-75, declared the respondents as encroachers over the land in question.

4. On the