STATE OF M P Vs. MANGILAL

JUDGEMENT

(1.) This appeal has been filed by defendant-State Government assailing the judgment of reversal passed by learned First Appellate Court allowing the appeal of plaintiff and thereby reversing the judgment and decree passed by learned trial Court dismissing his suit.

(2.) In brief the suit of plaintiff is that the suit property which is agricultural land and the description whereof has been mentioned in the plaint and which is the subject-matter of the suit is in possession of plaintiff since 1935-36 i.e. for last 50-51 years prior to the date of filing of the suit which was filed on 20-1-1986. According to the plaintiff after putting hard labour by flowing his sweat he made the land in question cultivable and his possession is hostile against the State and he has acquired Bhumiswami right by adverse possession.

(3.) Naib-Tehsildar Ratlam, issued a notice under section 248(1) of the M.P. Land Revenue Code, 1959 (in short the Code) to the plaintiff which he replied on 10-2-1975 but de hors to the law on 13-8-1975 said Naib-Tehsildar imposed a fine of Rs. 1,500/- on plaintiff and by passing further an order to remove the possession over the suit property. Hence, the present suit has been filed by the plaintiff.