MOTILAL Vs. NIYAZUDDIN

JUDGEMENT

(1.) The High Court of Madhya Pradesh vide its impugned judgment dated 26-7-1994 passed in Civil Second Appeal No. 2 of 1981 interfered with the concurrent findings of the Courts below and dismissed plaintiffs suit both on facts and law. The plaintiffs are, therefore, in appeal before this Court.

(2.) The facts not in dispute are that the suit lands in two villagers of the erstwhile State of Madhya Bharat which now form part of the new State of Madhya Pradesh were recorded in the revenue papers in the ownership of the petitioners. It is also not in dispute that sometimes between the years 1949 to 1952 in the erstwhile Gwalior State which later became part of the erstwhile State of Madhya Bharat and now State of Madhya Pradesh, the suit lands were taken under Nigrani meaning supervision and management of the State for recovery of loan obtained by the plaintiffs. The suit lands were given by the State for cultivation to one Ramji for the limited purpose of recovery of loan outstanding against the plaintiffs.

(3.) In the year 1954, the plaintiffs made an application to the Collector, Devas (MP), seeking restoration of possession of the lands on the ground that the outstanding loan stood recovered. According to the plaintiffs case on 30-3-1954, Collector, Devas made an order in favour of the plaintiffs directing restoration of the land and pursuant thereto, formal possession of the lands was taken by plaintiffs under Panchnama dated 30-3-1954 (Ex. P-1). The further case of plaintiffs is that within a short period of five days of restoration of possession of the lands to them, the defendant No. 1-Niyazuddin/respondent No. 1 (who died pending this appeal and his estate is represented by his LRs) forcibly dispossessed the plaintiffs on 15-6-1959. The plaintiffs, therefore, filed a suit in the year 1962 for declaration that on passing of the Madhya Pradesh Land Revenue Code, 1959 (for short the Code), they acquired status of Bhumiswami under S. 158(1)(b) of the said Code and delivery of possession of the lands from the deceased/respondent No. 1.