SHANKAR Vs. SANT RAM

JUDGEMENT

(1.) This defendants' second appeal has been admitted for hearing on the following substantial questions of law: -

(2.) The suit property was originally held by the State Government. It is the case of the plaintiff that vide Ex.P-1 and thereafter vide Ex.P-5, he was granted patta under the Madhya Pradesh Nagariya Kshetro Ke Bhoomihin Vyakti (Pattadhriti Adhikaron Ka Pradan Kiya Jana) Adhiniyam, 1984 on which he has constructed a house and gave the same on license to defendant No.10 who is his step-son and thereafter, the defendants are not vacating the suit premises leading to filing of suit in which defendants No.1 to 9 have set up a plea that defendant No.10 has sold the suit land in favour of defendant No.3 for a cash consideration of 14,900/- and delivered peaceful possession of the suit land. The trial Court dismissed the suit finding no merit, as the plaintiff has failed to prove allotment in his favour by the State Government holding Exs.P-1 & P-5 are not proved. However, in appeal preferred by the plaintiff, the first appellate Court accepted Exs.P-1 & P-5 and negatived the case of defendant No.3 to have purchased the suit property from defendant No.10 and decreed the suit in favour of the plaintiff which has been questioned by the defendants before this Court.

(3.) Mr. R.N. Jha, learned counsel for the appellants / defendants, would submit that the first appellate Court is absolutely unjustified in granting decree in favour of the plaintiff relying upon Exs.P-1 & P-5, as the khasra number and area of the land in both the documents are different and there cannot be two allotments in favour of one person, as such, the finding recorded by the first appellate Court deserves to be set aside.