BABU LAL SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this judgment and order we propose to dispose of this appeal which has been filed by the appellant-plaintiff being aggrieved by the judgment and order passed in the second appeal by the High Court of Madhya Pradesh.

(2.) The appellant-plaintiff filed a suit seeking for a decree for declaration of his title in respect of the suit property comprising Khasra No. 1709, Rakba No. 1.84 situated at village Bagota, Tehsil Narsinghgarh Purva, District Chhattarpur, Madhya Pradesh. The case as pleaded in the plaint was that the aforesaid land earlier comprised of an area of 1.84 acres of land which was under the title and possession of Mahadev Prasad Richharia, the father of the appellant-plaintiff out of which some portion was under the physical use of Mahadev Prasad Richharia on which a house was constructed and some other portion was surrounded by 'Bari'. It was also alleged that from the aforesaid Khasra No. 1709 consisting of 1.84 acres of area, 0.53 decimal of land was sold to one Chhedilal Gupta in the year 1945 and that Mahadev Prasad Richharia, the father of the appellant-plaintiff had executed a sale deed to that effect in favour of Chhedilal Gupta and had also handed over the possession to him on the date of sale of the land. It was further alleged that after the aforesaid sale of land the remaining portion of disputed land i.e. 1.31 acres of land remained under the title and possession of Mahadev Prasad Richharia, the father of the appellant- plaintiff. After the death of Mahadev Prasad Richharia, Babu Lal Sharma, the appellant-plaintiff became his successor and, therefore, owned and possessed the said disputed area of 1.31 acres. Subsequently, however, it came to his knowledge that the Patwari of village Bagota without any order of the competent authority entered the disputed land as Government land in the revenue records somewhere in the year 1953-54 although the said land was being shown in the name of Mahadev Prasad Richharia, the father of the appellant-plaintiff in the revenue records for the year 1953- 54.

(3.) Consequently, an application for rectification was moved by the appellant- plaintiff in the revenue court alleging that since the entry with respect to the disputed land was entered in the revenue record as Government land by Patwari of village Bagota without the order of the competent authority which fact became known to the appellant-plaintiff only in the year 1984, the said record ought to be rectified. The said application filed by the appellant-plaintiff was, however, rejected by the revenue court on 20.04.1984.