SHARDA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) The Appellant/Plaintiff has preferred this appeal under Section 100 of the Code of Civil Procedure, being aggrieved by the judgment and decree dated 2.8.03 passed by II nd Addl. District Judge, Gadarwara in Civil Regular Appeal No. 4-A/03, affirming the judgment and decree dated 12.8.02 passed by Civil Judge Class-II, Gadarwara in Civil Original Suit No. 60-A/2002, dismissing his suit filed for declaration and perpetual injunction with respect of the revenue land of village Ishwarpur bearing survey No. 48/1 and 48/3 area 1.789 and 0.809 hectare respectively recorded in the name of Respondent state of Madhya Pradesh.

(2.) The facts giving rise to this appeal in short are that the Appellant herein filed the above mentioned suit for the above mentioned disputed land situated adjoining to his personal agricultural land bearing survey No. 538 contending that he being in possession of the same from the time of his forefathers since last 80 years, has perfected his right of Bhumi Swami on it. As per further pleading; he being the holder of small piece of his owns land less then 2.000 hectare comes under the category of "marginal farmer" defined under the provision of Krishi Prayojan ke Liye Ki Ja Rahi Dakhal Rahit Bhumi Par Bhumi Swami Adhikaron Ka Praday Kiya Jana "Vishesha Upbandh" Adhiniyam, 1984 (in short the Act) by virtue of other provisions of such Act has become the Bhumi Swami of the disputed land but the Patwari of the concerning area, namely, Laxmi Prasad, under some conspiracy with his oppositers made a complaint to Tehsildar stating that on the disputed land under Gram Smridhi Yojna (Village Development Scheme) different type of plantation was carried out and in such premises the Appellant's possession was shown to be unauthorized possession while no such plantation was carried out on such land. On such complaint of Patwari, the Revenue Case No. 34-A/68/99-2000 was registered against him and on consideration, vide order dated 21.8.02 in such proceedings, by holding the possession of the Appellant as encroacher, the order to remove the possession was passed, on which, he filed the appeal before Sub Divisional Officer, Gadarwara. The same is still pending. It is also stated that Respondent, being State, the Revenue Officials and Police Officers are working under its authority, hence, at any moment, with their assistance, he may be dispossessed from the above mentioned land. The Appellant, being in possession of the aforesaid land prior to 2.10.84 has perfected the right of Bhumi Swami under the provision of Krishi Prayojan ke Liye Ki Ja Rahi Dakhal Rahit Bhumi Par Bhumi Swami Adhikaron Ka Praday Kiya Jana "Vishesha Upbandh" Adhiniyam, 1984 and also by adverse possession and, in such premises, no right or title of the Respondent has been remained in existence. With these pleadings, the aforesaid suit for declaration and perpetual injunction for protecting his possession, is filed.

(3.) The Respondent/State of Madhya Pradesh remained ex-parte in the trial Court. In such premises, no written statement was filed on its behalf. After recording the ex-parte evidence of the Appellant, on appreciation of the same, his suit was dismissed by the trial Court. On filing the appeal, against such dismissal, on consideration, the same was also dismissed by the appellate Court, on which, the Appellant has come forward to this Court with this appeal.