CHHATAR SINGH Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) THIS second appeal is by the plaintiff against the dismissal, of their suit by both the Courts below. It arise out of judgment/decree, dated 25.3.1983, Passed by learned District Judge, Dewas in C.A. No. 60-A of 1979 which in turn arise out of Civil Suit No. 43-A of 1976, decided on 20.12.1979 by Civil Judge, Class II, Dewas. It was admitted for final hearing on following substantial question of law :-

(2.) HEARD Shri Manish Sukhla, learned counsel for the appellants and Ku. Seema Sharma, learned Penal Lawyer for respondent State.

(3.) IT was a suit filed by the plaintiffs (appellants) under section 11 (5) of the M.P. Ceiling on Agricultural Holdings Act claiming a declaration that they are the owners of suit land and hence, the land cannot be declared surplus under the Ceiling Laws. The declaration was sought inter alia on two grounds namely, that the land in suit came in share of plaintiff's father Umrao Singh and since then they are in possession of suit land. A plea of adverse possession was also raised to seek a declaration. The defence of State was that of denial.