TMI Blog2000 (3) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... owned 15.32 acres of agricultural land bearing Survey No.106 in village Shivana of Tehsil Bhikangao. As the land was in illegal possession of the respondent Ram Singh (original defendant since deceased), a notice dated 07.6.1966 was issued by the appellant calling upon the respondent to restore the possession of the suit land. The respondent did not hand over the possession of the land. Hence the plaintiff filed Civil Suit No.10A/1969 before the Civil Judge, Bhikangaon (MP) for possession of the suit land with mesne profit @ ₹ 500/- per year. The defendant denied the contention that he was trespasser and submitted that 14 years prior to the date of institution of the suit he had purchased the suit land for a consideration of ₹ 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said contention as so-called sale-deed was not produced on record and it was alleged that the said document was with the brother of the defendant who had expired because of snake bite and the document was lost. Therefore, Court held that the statement of the defendant was not sufficient to establish the so-called sale. For the adverse possession, the Court arrived at the conclusion that defendant has failed to prove adverse possession because he has specifically pleaded that he got possession of the suit land as a result of contract with the plaintiff. Hence, defendants entry on the suit land was permissive and the permissive possession would become adverse only if hostile title is asserted and proved by overt acts. The trial court, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated and accepted the evidence of plaintiff that he has neither sold the land nor did he execute any document in favour of the defendant. After considering the evidence on record, the court observed that from the deposition of the witnesses examined by the defendant it can be stated that he was in possession of the suit land since 1956-57, but there is no evidence about the sale in his favour and held that plaintiff had given this land to defendant on batai for two years i.e. for Samvat Year 2014-15 and 2015-16 and thereafter defendant had been continuously in unauthorised possession. But from this fact, it can not be held that defendant had acquired title by adverse possession. Against the said judgment and decree, the defendant preferr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal is confined only to such appeals which involve substantial question of law and it does not confer any jurisdiction on the High Court to interfere with pure questions of fact while exercising its jurisdiction under Section 100 CPC. That apart, at the time of disposing of the matter the High Court did not even notice the question of law formulated by it at the time of admission of the second appeal as there is no reference of it in the impugned judgment. Further, fact findings courts after appreciating evidence held that defendant entered into the possession of the premises as a batai, that is to say, as a tenant and his possession was permissive and there was no pleading or proof as to when it became adverse and hostile. These finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been in possession for 15-16 years from the date of the suit and that possession being not permissive and adverse to the title of the plaintiff, would ripen into perfect title. This finding is quite contrary to the evidence of Anoop Singh and the finding given by both the courts below who after appreciating the evidence of witnesses have specifically arrived at the conclusion that the witnesses have nowhere stated that defendant asserted his hostile title. From the deposition of the said witnesses and the revenue records, the Courts arrived at the conclusion that since 1956-57 the defendant was in possession but that possession was as a bataidar. As the suit was filed on 04.2.1969, it cannot be said that defendant has perfected his title by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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