KALUSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal was admitted for final hearing on the following substantial question of law:-

(2.) Being aggrieved by the judgment dated 13/09/10 passed by ADJ, Susner Distt. Shajapur in Civil Appeal No.40/10 whereby judgment dated 03/05/10 passed by Civil Judge, Class-II, Nalkheda in Civil Suit No.79-A/08 whereby suit filed by the predecessor in title of the appellants (Kalusingh) was dismissed, was maintained, present appeal has been filed.

(3.) Short facts of the case are that Kalusingh predecessor in title of the appellants filed a suit 25/09/06 for declaration and permanent injunction alleging that Kalusingh is in occupation of the land bearing survey Nos.127 and 131 measuring 0.61 & 0.55 Are respectively situated at village Kabuli, Tehsil Nalkheda Distt. Shajapur and respondents be restrained not to interfere into the possession of the appellant and also delete the name of Devasthan recorded in the revenue record. It was alleged that in the relevant year Samvat 2007 name of Bhagwandas S/o Mehtabdas was recorded as Pukhta Morusi. After enforcement of Jamidari Abolition Act name of Bhagwandas was recorded as Pakka Tenant. Thereafter name of Chandabai W/o Bhagwandas was recorded and vide order dated 09/01/76 passed by Tahsildar name of deceased Kalusingh was recorded as Bhumiswami. It was alleged that deceased Kalusingh is in occupation of the land from Samvat 2010. It was alleged that vide order dated 26/07/06 passed by Tehsildar wherein name of Devsthan was recorded on the suit land and on that basis respondents are interfering into the possession of the appellant. The suit was contested by the respondents wherein plaint allegations were denied. It was denied that the deceased Kalusingh is owner of the suit lands. It was prayed that the suit be dismissed. After framing of issues and recording of evidence the suit was dismissed, against which an appeal was filed, which was also dismissed, hence this appeal. During pendency of appeal before this Court Kalusingh died and in his place name of appellants were recorded as Bhumiswami.