KEDAR PRASAD Vs. JAGDISH PRASAD AND OTHERS

JUDGEMENT

(1.) The Madhya Pradesh Krishi Prayojan Ke Liye Upayog Ki Ja Rahi Dakhal Rahit Bhoomi Par Bhoomiswami Adhikaron Ka Pradan Kiya Jana (Vishesh Upabandh) Adhiniyam, 1984 (for short "the Adhiniyam") was enacted with the purpose of granting bhoomiswami rights to landless agricultural labour who were in possession of unoccupied land in the village. Section 3 of the Adhiniyam provides that an agricultural labour in possession of unoccupied land in a village as on 2nd October, 1984 would be granted such rights provided that he could not get rights for land exceeding two hectares; and that public land like burial ground, grazing land, skinning ground, bazaar land, etc. were exempted from this provision. Sub-section (2) of Section 3 of the Adhiniyam makes it clear that the right can only be granted in the village in which the agricultural labourer resides.

(2.) The appellant herein filed an application before the competent authority, i.e., the Tehsildar praying that he is in possession of five bighas of land falling in Khasra No.109/5 (kha) situated in Village Kheria Raiju, Tehsil Gohad, District Bhind, Madhya Pradesh,hereinafter referred to as the suit land and claimed bhoomiswami rights over the same. The Tehsildar vide order dated 02.03.1990 held that the appellant is a landless labourer and granted him bhoomiswami rights over the suit land.

(3.) Respondent Nos.1 and 2 filed an appeal before the SDO challenging the order of 02.03.1990. This appeal was dismissed on 13.10.1992. Thereafter, Respondent Nos.1 and 2 filed revision petition before the Revenue Commissioner. When the revision petition was pending, Respondent Nos.1 and 2 also filed a civil suit out of which the present proceedings arise in which they prayed for setting aside of the order dated 02.03.1990 granting bhoomiswami rights to the appellant. They also claimed their title on the basis of adverse possession.