STATE OF MADHYA PRADESH Vs. LAJJARAM

JUDGEMENT

(1.) The appeal has been preferred by the State Government against the order dated the 29th of November, 1958 passed by the Second Addl. District Judge Gwalior, in Civil Appeal No. 109 of 1955 whereby he set aside the judgment and decree passed by the Civil Judge First Class, Gwalior, in Civil Suit No. 21 of 1954.

(2.) The suit was for a declaration that the plaintiff is the 'Pakka' tenant of khasra Nos. 183, 2570 and 1848/1, for possession of the said lands and for damages, to the extent of 25 times the land-revenue, for the entire period during which the plaintiff was kept out of possession of the said lands. The plaintiff was served with a notice on 28 6-1953 by the Tehsildar stating that the plaintiff's possession of the land in dispute was that of a trespasser. Thereafter on 27-41954 the defendant No. 2 was placed in possession of the said lands. The plaintiff served a notice on the Government on 9-3-1954 and after expiry of the period of notice filed on 15-7-1954 the suit out of which the present appeal arises.

(3.) An objection was taken on behalf of the State Government that the notice under Section 80 C. P. C. did not contain the particulars required by the law. The trial Court upheld this contention and dismissed the plaintiff's suit. On appeal it was held that the suit in so far as it related to khasra No. 183 was maintainable. The suit was, therefore, remanded for trial and disposal in accordance with law.