HEERADAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard on admission.

(2.) Appellants/plaintiffs have preferred this second appeal under Section 100 of the Code of Civil Procedure (for brevity "CPC") against the judgment and decree dated 28.4.2016 passed by Additional District Judge Mungeli in Civil Appeal No. 53-A/2015 affirming the judgment and decree dated 31.8.2012 passed by Civil Judge Class-II Lormi in Civil Suit No. 71-A/2009 whereby the suit of the plaintiffs for declaration of title and permanent injunction was dismissed.

(3.) Facts of the case in brief are that deceased plaintiff Ravidas filed a suit for declaration and permanent injunction inter alia pleading that the land in question bearing Khasra No. 80, area 2.93 acres has been recorded as submerged land in the revenue record and the same was earlier allotted to him under Section 5 of the Malgujari Abolition Act. It is also pleaded that as he is in the cultivating possession of the land in question, initially the same was in the name of his father and brother and therefore he be declared as lessee and the revenue authorities may be restrained from interfering with his possession. While denying the contention of the plaintiffs it has been put forth by the defendant that the land in question is a government land and therefore the question of possession by the plaintiffs does not arise. Defendant has also taken a stand that the plaintiffs are not in cultivating possession of the land in question.