CHANDRABHAN Vs. SHYAMDHAN

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 & decree dated 14.2.1992 passed by the District Judge, Ambikapur, in Civil Appeal No.41A/1991, affirming the judgment & decree of dismissal of suit for partition and possession dated 2.11.85 passed by the Second Civil Judge Class-II, Ambikapur, in Civil Suit No.56A/84.

(2.) The present second appeal was admitted on 5.9.92 on the following substantial questions of law:-

(3.) As per plaint allegation, present appellant/plaintiff Chandrabhan has filed the suit for partition and possession of the suit property shown in Schedule A situated at village Pathrai, Tahsil Ambikapur. As per undisputed facts of the case one Baijnath was Goutiya. Disputed property was given to Goutiya as manwar land in accordance with Wajib-ul- arz of the State of Surguja. Land allotted to Goutiya was impartiable. Partition took place relating to rest property and share holders are enjoying their properties. Father of plaintiff Samunder was Goutiya and the land was finally given to father of the plaintiff. At the time of abolition of proprietary rights in accordance with M.P. Abolition of Proprietary Rights (Estate, Mahals, Alienated Lands) Act, 1951 (for short the Act, 1951'). Respondent No.5 was minor. Father of the appellant succeeded in allotting the land in the name of respondent No.5 as raiyat land. During lifetime of father of the plaintiff the land shown in Schedule A was mutually partitioned between respondent No.5 and plaintiff's father. In the year 1975, respondent No.5 tried to dispossess the plaintiff from the possession over the suit property, especially from the share allotted to him i.e. from 7.50 acres of the land. Proceeding under Section 145 of the Cr.P.C. was initiated and finally present suit was filed by the plaintiff/appellant.