KRISHNA BIHARI GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment and decree dated 7-9-2001 passed by the Additional District Judge, Dhamtari in Civil Suit No. 44-A/91. Briefly stated facts are that the plaintiff filed a suit for declaration of title and permanent injunction along with an application under Order 39 Rules 1 and 2, CPC contending that the appellant was serving in the education department on the post of Principal. When he was transferred from Nawapara (Rajim) to Dhamtari, no Govt. accommodation was allotted to him at Dham-tari. It was contended that on the suggestion of the Sub-Divisional Officer he made construction of the suit house sometimes in the month of June, 1977 by spending about Rs. 15,000.00. In November, 1979 he was transferred to Boys Higher Secondary School, Dhamtari but he remained in occupation of the suit house. Ultimately since it was a Govt. land he was sought to be evicted from the suit house. By memo dated 10-9-85 the Joint Director, Public Instructions, Raipur directed the appellant/plaintiff to deposit arrears of rent for using the Govt. land with the instruction that the plaintiff shall not be allowed to draw his salary unless arrears of rent are paid. Being aggrieved by the said memo dated 10-9-85 the appellant/plaintiff preferred a writ petition bearing M.P. No. 3316/85 in the High Court of Madhya Pradesh, Jabalpur. The Division Bench of M.P. High Court vide order dated 27-4-86 disposed of the petition granting liberty to the petitioner to approach the Government. On 25-11-1988 a notice was issued by the Sub-Divisional Officer, Dhamtari to the appellant/plaintiff under Sub-clause (1) Clause (b) (ii) of Sub-section (2) of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971. Another notice dated 26-11-88 was also issued to the plaintiff/appellant by the Additional Tehsildar, Dhamtari under Section 248 of the M.P. Land Revenue Code for removal of encroachment. Thereafter the appellant/plaintiff filed another writ petition bearing M.P. No. 579/91 in the High Court of Madhya Pradesh, Jabalpur which was disposed of by the Division Bench vide order dated 22-2-91 and declined to decide the right and title of the petitioner (appellant/plaintiff) over the suit house but liberty was granted to take recourse to the proper remedy. Ultimately the appellant/plaintiff filed the civil suit in the Court of Additional District Judge, Dhamtari.

(2.) The Trial Court framed following issues:-- .......[VERNACULAR TEXT OMMITED]......

(3.) The Court below having considered the facts and circumstances of the case and material on record dismissed the suit, and against the dismissal order, the appellant has preferred this appeal.