KOMAL KUMARI GOND Vs. STATE OF M P

JUDGEMENT

(1.) By this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged the legality and propriety of the judgment and decree dated 19-7-95 passed by the 7th Additional District Judge, Bilaspur, in Civil Appeal No. 75-A/91, affirming the judgment and decree of dismissal of civil suit dated 28-2-1987 passed by the 2nd Civil Judge Class I, Bilaspur. in Civil Suit No. 32-A/1964. Present second appeal was admitted on 11-10-95 on the following substantial question of law :-

(2.) As per pleading of the parties, present appellant/plaintiff is relative of Indrakumari Devi, who was owner of suit property situated at Village Chirha, Tehsil Pandariya. Ceiling proceeding under M.P. Ceiling on Agricultural Holdings Act; 1960 was initiated against holder of the lands namely, Smt. Indrakumari Devi. After providing opportunity of hearing, land in dispute which was shown in the name of original holder has been vested on the Government. Present appellant/plaintiff preferred appeal before the Additional Collector, Bilaspur. Same was dismissed. Then she filed suit for declaration. By filing written statement, the respondents have denied adverse allegation and have pleaded that property in dispute was Bhumiswami land of Indrakumari Devi against whom ceiling proceeding has been initiated and decided. Indrakumari Devi has submitted her return, in which she has not mentioned that she has gifted the property or otherwise disposed of the suit property to the present appellant. After providing opportunity of hearing to the parties, the 2nd Civil Judge Class I, Bilaspur has dismissed the suit on the ground that suit was not maintainable in the light of Section 46 of the C.G. Ceiling on Agricultural Holdings Act, 1960 (for short 'the Act, 1960'). Same was challenged before the Lower Appellate Court and the Lower Appellate Court has also affirmed the finding of the Trial Court by dismissing the appeal.

(3.) I have heard learned Counsel for the parties, perused the judgment and decree impugned, judgment and decree of the Trial Court and records of the Courts below.