KIRAN DEVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 22-8-2008 passed by the 2nd Additional District Judge (FTC), Surajpur, District Surguja (CG) in Civil Suit No. 6-A/2007 wherein the said court dismissed the suit filed by the appellant/plaintiff for declaration of title, permanent injunction and for declaring the order void passed by the Collector, Surguja at Ambikapur dated 18-6-2001 in Revenue Case No. 82-A/21/99-2000 vested the land bearing survey No. 377 area 0.40 hectares and survey No. 378 area 0.40 hectares in the State Government.

(2.) As per appellant, land in question was allotted to one Nakul Viswas who was a displaced person of Indo-Pakistan. The suit land originally belongs to the State Government and was put under the compensation pool under Section 14 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (for short, "the Act, 1954"). The scheme was sponsored by the Central Government and land was vested with the Central Government. After death of Nakul Viswas, the land was recorded in the name of his widow and son and they came to be in possession of the property in question and got recorded their names in revenue records. Legal heirs of Nakul Viswas executed the registered sale deed dated 30-6-1993 in favour of Shakuntala Devi through registered sale deed dated 30-6-1993. As per the appellant, Collector has no jurisdiction to cancel the registered sale deed and procedure adopted by the State Authority under Section 165 (7)(b) of the Madhya Pradesh/Chhattisgarh Land Revenue Code, 1959 is not sustainable. The trial court failed to appreciate the oral and documentary evidence on record in its true perspective that is why appeal is preferred before this court.

(3.) Learned counsel for the appellant would submit as under: