VISHNUPRASAD MUKUTRAM Vs. STATE OF C G

JUDGEMENT

(1.) This second appeal preferred by plaintiff No.1 was admitted for hearing by formulating the following substantial question of law: -

(2.) A revenue proceeding under the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (for short, 'the Act of 1960') against plaintiff No.1's father Mukutram (deceased plaintiff No.2) for the lands shown in Schedule "A" of the plaint was registered as Revenue Case No.365-B/90(3)/1974-75. The plaintiff made an objection, but the objection was turned down by the competent authority holding that the lands described in Schedule "A" of the plaint belong to plaintiff No.1's father and declared 15.20 acres of land as surplus. The aforesaid order of the competent authority was questioned in appeal before the Board of Revenue, Gwalior and the Board of Revenue remanded the matter by setting aside the said order and further directed for conducting fresh enquiry. The competent authority by order dated 9-3-1978 has declared 8.32 acres of land as surplus against the property shown in Schedule "A" of the plaint and draft statement as provided under Section 11 of the Act of 1960 was prepared proposing for vesting the land to the State on 15-5-1978 and final publication has been made on 15-5- 1978.

(3.) The plaintiffs brought civil suit for declaration of title in the disputed property filed on 11-7-1978 stating that Mukutram - father of plaintiff No.1, has executed a registered sale deed in favour of plaintiff No.1 and revenue records have also been mutated as such, the civil suit is said to be filed under Section 11(5) of the Act of 1960 and prayed that the order passed by the competent authority dated 9-3-1978 be set-aside.