KAMLABAI Vs. COMPETENT OFFICER

JUDGEMENT

(1.) PLAINTIFF aggrieved by the judgment and decree passed by the Courts below has filed present appeal by which suit filed by the appellant was dismissed.

(2.) THIS appeal was admitted on 7-3-1989 on following substantial questions of law :-

(3.) THE plaintiffs filed the suit for declaration that they are the owner of land survey No. 156 total area 21. 36 acre of Village Sontalai, District Harda. The ground of suit is that the aforesaid land belongs to one Kaluji. After the death of Kaluji there were three successors namely Mohanlal, Gangabai and Ramlal. Sunderbai and Nathhibai were already dead at the time of death of Kaluji. It is further contended by the plaintiff that after the death of Kaluji his land was succeeded to legal heirs Mohanlal 43. 66 acre, Gangabai 10. 66 acre and Ramlal 10. 66 acre. In the year 1970 plaintiff entered into an agreement to purchase the suit land from Mohanlal and thereafter sale deed was executed by Mohanlal in his favour. Thereafter ceiling proceedings started against appellant and Mohanlal and it was held that the suit land was transferred by Mohanlal in favour of the appellant to avoid the provisions of M. P. Ceiling on Agricultural Holdings Act,