STATE OF CHHATTISGARH Vs. PAWAN KUMAR AGRAWAL

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs/State under Sec. 96 of the Code of Civil Procedure, 1908, questioning the illegality and propriety of the judgment and decree dtd. 9/11/2016 passed in Civil Suit No.183-A/2014, whereby the learned trial Court has dismissed the plaintiffs' claim. The parties shall be referred hereinafter as per the descriptions before the Court below.

(2.) Briefly stated the facts of the case are that the plaintiffs/State instituted the suit claiming declaration of title, injunction and for possession with regard to the land in question admeasuring 13.95 acres situated at village Bilkona, Tehsil and District Bilaspur, as described detailed in Plaint Schedule 'A' by submitting interalia, that it was owned by one Chunni Lal Mehta, the father of defendant No.3-Avinash Mehta, against whom a land acquisition proceeding was initiated along with his wife-Smt. Kshama Devi. According to the plaintiffs, the land in question was acquired in the name of plaintiff No.1 (Government Cattle Breeding Farm, Government Dairy Farms, Sarkanda) vide order dtd. 6/8/1952 and 8/8/1952 passed in Land Acquisition Case No.11/16-5/1950-51 and the possession was, accordingly, delivered and the revenue papers were mutated in the name of the said plaintiff.

(3.) It is pleaded further that despite the acquisition of the land in question as such, a suit, being Civil Suit No.14-A/1988, was instituted by said Chunni Lal Mehta's legal representatives, i.e., his wife Kshama Devi and son Avinash Mehta seeking declaration of title with regard to the land in question by alleging interalia that neither the same was acquired nor the compensation of it was paid and in the said suit, a decree was drawn in their favour vide judgment and decree dtd. 23/3/1989. It is pleaded further that since the alleged decree was drawn after the acquisition of the alleged suit land, therefore, it deserves to be quashed. Further contention of the plaintiffs is that after obtaining the decree in the said suit, the land in question was sold by them to the wife and daughter of defendant No.1- (Pawan Kumar Agrawal), namely, Smt. Bela Devi and Laxmi, respectively in December 1990 and after the death of wife, it was mutated in his (defendant No.1) name. It is pleaded further that by taking undue advantage of mutation, the defendants 1 and 2 have illegally encroached the land in question which led to the institution of the suit in the instant nature, instituted on 9/5/2008.