SAMEER Vs. GAURI DASI

JUDGEMENT

(1.) This second appeal has been filed being aggrieved by the impugned judgment and decree dated 25.08.2009, passed by the Additional District Judge (F.T.C.), passed in Civil Appeal No.13-A/2006 by which, the appeal was allowed and the judgment and decree of the trial Court dated 28.03.2006, in Civil Suit No.2-A/1992 was set-aside.

(2.) The second appeal was admitted for hearing on the following substantial questions of law :- "1. Whether after conferring bhoomiswami rights on the appellant, the lease granted to the plaintiff/appellant could have been cancelled by the Additional Collector?' 2. Whether lease granted to a beneficiary under the rehabilitation scheme by the rehabilitation officer can be cancelled by Additional Collector acting as revenue officer and not as an officer under the rehabilitation scheme?"

(3.) Facts of the case are this that the appellant came to India as refugee from East Pakistan and was rehabilitated in village - Kanchan Nagar, District - Surguja and he was granted lease of government land bearing Kh. No.37/2, 37/3, 44 and 52 measuring area 0.544, 0.647, 0.090, 0.580 hectares in total 1.861 hectares in the year 1964-65. The lease was granted by the Rehabilitation Officer, since then the appellant was earning his livelihood from the land granted to him on lease. The Additional Collector, Sarguja at Ambikapur under respondent No.1, initiated a Revenue Case No.73A-19/89-90 and by order dated 09.10.1991 has cancelled the lease granted in favour of the appellant. The appellant then filed a civil suit No.2-A/1992 against the respondents pleading that the appellant had acquired title over the suit land and that the lease was granted to the appellant by Rehabilitation Officer. That the Collector had no authority to cancel the lease granted to the appellant. Prayer was made for relief of declaration of title over the suit property and permanent injunction along with possession in case the appellant is dispossessed in between.