STATE OF MADHYA PRADESH Vs. F R QURESHI

JUDGEMENT

(1.) THIS second appeal arises from a suit for a declaration that the plaintiffs are occupants of the lands mentioned in paragraph 1 of the plaint and for a direction that their names be entered in the revenue record. They also prayed for perpetual injunction against the defendant from interfering with the possession of the plaintiffs in respect of the suit lands.

(2.) IT was alleged by the plaintiffs that they are the heirs of Abdul Shakoor Qureshi to whom a patta was granted on April 10, 1951, in consideration of his excellent services. Abdul Shakoor Qureshi was in possession of these lands. The plaintiffs, on the death of Abdul Shakoor Qureshi, applied for mutation but the Tahsildar rejected their application. The State Government resisted the suit contending that the patta relied on by the plaintiffs was not valid.

(3.) IT was stated in paragraph 2 (a) of the written statement that the plaintiffs were put to strict proof of the allegations contained in the plaint as amended.