SABRA BEGUM Vs. CHIEF MUNICIPAL OFFICER GUNA

JUDGEMENT

(1.) THIS second appeal has been preferred by the plaintiff aggrieved by dismissal of the suit by trial Court. The first appeal preferred against dismissal of the suit also stands dismissed. Hence this second appeal before this Court. The plaintiff filled the suit for permanent injunction restraining the defendant from interfering with her possession over the disputed property i.e. plot admeasuring 20' x 20' situated near Shastri Bridge claiming that the same belongs to her. The plaintiff claims possession over the suit property for the last 25 years.

(2.) AS per the plaintiffs plea, the State of Madhya Pradesh enacted M.P. Nagriya Kshetron Ke Bhumiheen Vyaktiyon Ko Adhikaron Ka Prapta Karaya Jana Adhiniyam, 1984 (hereinafter referred to as 'the Act' for short) according to which it was declared that all persons who have constructed huts on government land shall be given right of ownership on such land. The Authorised Officer thereafter granted Patta in favour of the plaintiff in respect of plot admeasuring 20' x 20'. The plaintiff had complied with all the conditions of the said Patta/lease. There is provision made in the Act that if anybody dispossesses such a landless person he shall be convicted for two years' jail sentence.

(3.) THE trial Court dismissed the suit. An appeal was preferred which has also been dismissed on the ground that as per document dated 28.9.1983 since there is no renewal, no right accrues to the plaintiff. Hence the land vests in the Municipal counsel and the plaintiff is not entitled for the relief of injunction.