CHANDERBAI Vs. STATE OF M P

JUDGEMENT

(1.) This is plaintiff's second appeal who has lost from both the Courts below since his suit for declaration of Bhumiswami right and injunction has been dismissed by learned trial Court and the first appeal has also been dismissed by the impugned judgment and decree.

(2.) The facts necessary for the disposal of this second appeal lie in narrow compass. Prabhulal (original plaintiff) whose L.Rs. are present appellants filed civil suit for declaration of Bhumiswami right and injunction in the trial Court pleading in the plaint that he was Zamindar of erstwhile Gwalior State. The Gwalior State was merged in Madhya Bharat Government. On 2-10-1951 "Madhya Bharat Zamindari Abolition Act Samvat 2007" (in short Abolition Act) came into force w.e.f. 2-10-1951. The suit property which is agriculture land and the description whereof is mentioned in the plaint which is the subject-matter of the suit was being possessed by plaintiff's father Bhulaji and it did not vest in the State. The plaintiff Prabhulal along with his mother Jadavbai Wd/o Bulaji filed a civil suit in the Court of Civil Judge Class-II Agar (Civil Suit No. 50-A/1969) against State of M. P. and its functionaries as well as certain other persons as defendants for declaration of Bhumiswami right and injunction claiming in the earlier suit that the land in question did not vest in the State Government and on coming into force of M. P. Land Revenue Code, 1959 (hereinafter referred to as the Code) they became Bhumiswami. However, the said civil suit was dismissed on 7-4-1973 and the first appeal which was filed by plaintiffs was dismissed and the same result met in the second appeal filed by them which was also dismissed on 20-11-1989.

(3.) In para 3 of the plaint specifically it has been pleaded in the present suit that although his possession was obtained by the then Madhya Bharat Government on 2-10-1951 but on the same date he again encroached upon the lands in question and since then he is possessing the same as owner in the knowledge of the State Government and his possession is peaceful without interruption for a period of more than 30 years and still he is in possession of the suit property.