ANAND SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered by this Court in the appeal preferred by the appellants/plaintiffs are as under:-?

(2.) The suit property shown in Schedule 'A' of the plaint was earlier held by Raja Bahadur and Raja Deosharan Singh Dev of Jashpur, who were having authority of the land and cultivating the suit land through Jamindar Durga Prasad Sai. It is the case of the plaintiffs that ancestors of the present plaintiffs have been allotted the suit land by the then Jamindar Durga Prasad Sai and since then the suit lands were cultivated by their ancestors and thereafter the plaintiffs are cultivating the suit lands and giving revenue to the Jamindar through Khorposdar of the area and for the sake of convenience they have divided the suit lands in several parts and each of the persons are having not more than 15...?20 acres of the land. After coming into force of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter called as 'the Code'), the plaintiffs have perfected their right of bhumiswami. When they moved an application for mutation under Section 110 of the Chhattisgarh Land Revenue Code, 1959 (hereinafter called as 'Code'), the Naib...?Tahsildar, Jashpur by order dated 30.3.2007 (Ex.P...?1) rejected their application which has given them cause of action to file the instant suit for declaration of title.

(3.) The State remained ex..?parte before the trial Court as well as before the first appellate Court, therefore, did not file either written statement or led no evidence to support of their stand.