STATE OF M P Vs. GEETA BAI

JUDGEMENT

(1.) DEFENDANT (State) has felt aggrieved of the impugned judgment and decree and has filed this first appeal under section 96 of CP. Code. The impugned decree is dated 11.4.1991, passed by 1st Additional District Judge, Badwani, in Civil Suit No. 27-A/89. Facts of case are these :

(2.) THE dispute relates to an agricultural land bearing survey No. 577/18-19, area 0.081 hectares = 0.20 acre, and Khasra No. 582, area 1.538 hectares = 3.80 acres, total area 1.619 hectares = 4 acres, situated in village Dhanod, Tehsil Rajpur, District Khargone.

(3.) RANCHOD had one brother Kishan. These two were members of Joint Hindu Family which had several properties including the suit land which were acquired by Ranchod as karta of joint Hindu family. There was a partition effected inter se. Members of joint family in relation to entire agricultural holding including the suit land with the intervention of tehsildar in case No. 102/A/27/79-80 wherein the suit land fell to the share of present plaintiff-Lacchha, who was the son of Kishan. This is how, the present plaintiff traced his title to the suit land and claimed himself to be the owner and Bhoomi Swami of the suit land. He (plaintiff) then remained in possession of suit land and enjoyed its usufruct.