This second appeal under Section 100 of CPC has been filed against
the judgment and decree dated 20.03.2008 passed by II Additional District
Judge, Vidisha, District Vidisha in Civil Appeal No. 25A/2007, as well as
judgment and decree dated 30.11.2006 passed by Civil Judge, Class I,
Vidisha, District Vidisha in Civil Suit No. 105A/2001.
2. Appellants are plaintiffs who have lost their case from both the
Courts below.
3. The facts necessary for disposal of present appeal, in short, are that
plaintiffs filed a suit for declaration of title and permanent injunction on the
ground that Survey Nos. 49, 223, 224, 226, 227, and 242, total area 2.377
hectares, were given on oral lease by the Zamindar to Mohar Singh, who is
the father of plaintiff No. 1, and husband of plaintiff No. 2. For the last 50
years, plaintiffs are in possession of property in dispute, and accordingly, on
NEUTRAL CITATION NO. 2025:MPHC-GWL:17877
2 SA-267-2008
the basis of adverse possession, they have acquired the title. However, the
State authorities, without giving any opportunity of hearing to plaintiffs,
have recorded aforesaid lands as government lands. Plaintiffs came to know
about the said illegal mutation on 12.08.1999. On 30.10.2001, the Patwari
started threatening the plaintiffs that they would be dispossessed from the
land in dispute and patta would be granted to other villagers, and therefore,
suit was filed for declaration of title and permanent injunction.