FATTE Vs. BANSHILAL

JUDGEMENT

(1.) THE suit of the plaintiff -appellant for possession of 2.75 acres of land situate in mouza Mahul Jhopdi, tahsil Rajnandgaon, district Durg has been dismissed by the District Judge, Durg, at Rajnandgaon, reversing the judgement and decree of the Civil Judge, Class I, Rajnandgaon, decreeing the suit.

(2.) THE suit of the plaintiff -appellant was based, inter alia, on the following allegations. That the suit land was formerly part of Khasra No. 43, area 6.45 acres, and Khasra No. 57/1, area 0.30 acre; it was situate in what was formerly the Princely State of Rajnandgaon; and that it was owned and possessed by then proprietor Randhirsingh as his "sir"; that after the coming into force of the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mafcals, Alienated Lands) Act, 1950 (No. 1 of 1951), the land, being the home -farm of the ex -proprietor, was saved to him; that by a registered deed of sale, dated 12 -6 -1952, (Ex. P -17) the said ex -proprietor sold the suit fields. Khasra No. 43, area 645 acres and Khasra No. 57/1, area 0.30 acre, along with Khasra No. 37, area 2.60 acres for a consideration of Rs. 400.00 to the plaintiff -appellant and put him in possession of them; that the plaintiff -appellant thus became the Bhumiswami holder of the fields comprising the suit lands; that there was a consolidation of holdings in the village in 1958 -59 when, as a result of the consolidation, the plaintiff -appellant was allotted 26.78 acres of land, which included land now numbered as Khasra No. 38, area 8.02 acres, and Khasra No. 47, area 4.29 acres, in lieu of his old holdings, in Bhumiswami rights vide Chakbandi Patta (Ex. P -1), dated 1 -6 -1959; that the defendants had unlawfully encroached on an area of 2 acres in Khasra No. 38 marked as the map filed with the plaint and on an area of 0.75 acres in Khasra No. 47 marked as in the said map and that the defendants had not only sowed the suit land after it had been sown by the plaintiff -appellant but had also cut and removed away the crop sown by the plaintiff -appellant thereon. He, therefore, claimed possession of the suit land measuring 2.75 acres from the defendantas.

(3.) THE trial Court decreed the suit holding, inter alia, that the suit lands formed parts of Khasra No. 38 and Khasra No. 47; that the suit land was allotted to the plaintiff -appellant in the consolidation proceeding of 1958 -59; that the suit lands were held by Randhirsingh the ex -proprietor, in malik makbuja rights after the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mabals, Alienated Lands) Act, 1950 (Act No. I of 1951); that Randhir Singh had validly sold the suit lands to the plaintiff -appellant in 1952 by a registered sale deed dated 12 -6 -1952 (Ex. P -17); and that the suit lands were not excluded from the consolidation proceedings and their allotment to the plaintiff -appellant was legal and valid. It further held that the plaintiff -appellant had not been in possession of the suit lands ,nor was he dispossessed from them in 1961 as alleged; but that the defendants had not acquired any title to them by adverse possession.