•(• HSGH COURT OF CHHATTISGARH ASPUR SSnaie Bench : Hon'bie Shri DJJJR Raosaheb Deshmukh. J. Second Appeal No. 23 of 2008 AppeSiant Piaintiff Respondents (Defendants) Lotan, S/o Surjan, Caste-Oran, Occupation-Cultivation, R/o Village - Sundarganj, Tehsii - Surajpur, DlstS. - Sarguja (C.G.) Versus 1. Budhra D/o Mrhul, Caste-Rajwar, R/o Viliage - Sundarganj, Tehsil-Surajpur, Dist: Sarguja (C.G.) 2. State of M.P., Now State of ChhattisgarhJhrough-ColJector, Sarguja (C.G.) Second Apseai under Section 100 of the Clvjl Procedure Code Present : Shri S. K. Guha. counsei for the app6|lani. Shri G. D.Vaswanj, Government Advocate for respondent No-2/State. ORAL ORDER (Passed on 21st ofAprii, 2008) Heard on i,A.No.1, an application for taklng certified copy of the judgment and decree dated 25-04-1991 on record. (2) !.A.No.1 is aiSowed. Document is taken on record. (3) Heard on admission. ' (4) The appellant is aggrieved by judgment and decree dated 22-09-2007 passed by the 2nd Additional District Judge, F.T.C., Surajpur, District Surguja in Civll Appeat No.18-A/2007affirmIn9 the judgment and decree dated 25-04-1991 passed by the CMJ Judge Class II, Surajpyr jn Civil Suit No.4-A/1988 whereby the plaintiff's suit for dedaration of titie and permanent injunctlon on the basisof adverse possession overthesuit iand was dismissed, ^' ^ z- -- ^2^ (5) Both the Courts beiow have, pjacing reiiance on admissjon of the appellant/plaintiff in paragraphs 7, 8, 9 and 10 of his testimony, recorded a flnding that the appeiIanVplaJntiff has utterly faiied to prove that he v^as Jn adverse possession of the suit land since it was admitted by the appeJiant/plaintiff that possession of Pittu over the suit land was ete©- recorded during IIfe time of Pittu. 'it was also admltted that after death of Pittu, possession of defendant-Budhra was recorded in revenue records. (6) !n that view of the matter,/findjng recordecS by both the Courts beiow on proper appreciation of evidence is purely a finding of fact. No substantlal question of law arises for determination in this which is ! accordingiy dlsmlssed at the stage of admission. j Sd/- DUip Raosaheb Deshmukh Judge Anjant