MADHO SINGH Vs. MONI SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The appellants herein have challenged the order passed by the High Court of M.P. (Indore Bench) on 23rd August, 2002 in Second Appeal No. 302 of 1982. By the said order, the High Court confirmed the order passed by the Second Additional Judge to the Court of District Judge, Shajapur dated 25th February, 1982, by which it set aside the judgment and decree dated 19th October, 1974 passed by the Civil Judge, Class II, Shajapur.

(3.) The case of the appellants is that at village Kanardipura Tehsil Shajapur, there was a land bearing Khasra Nos. 294/1, 317, 319, 320 and 321. It was in possession of one Kalu Singh, s/o Bheru Singh. A dispute arose between Kalu Singh on the one hand and Revenue Authorities on the other about the nature of the land. The case of Kalu Singh was that his late father Bheru Singh was the owner of the land and was in possession thereof. His name was recorded as proprietor. After coming into force of the Madhya Bharat Zamindari Abolition Act, 1951 the land remained grove and hence exempted from the provisions of the Act. Kalu Singh, therefore, could possess the land. Proceedings were initiated by Kalu Singh against the State but he lost before Tehsildar, Collector as well as Commissioner. He finally approached the Board of Revenue and the Board vide its order dated 2nd December, 1959, allowed the revision and set aside the orders passed by the authorities below. A direction was issued by the Board to the Collector to determine the terms and conditions on which the land would be settled and groves would continue in possession of Kalu Singh. In pursuance of the said order, Patta was issued in favour of the respondents on 14th March, 1968.