DHARAMSI BHAI Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the order dated 5-2-2002 passed by the learned single Judge in Writ Petition No. 6606/2001, the appellant has filed this letters patent appeal under Clause 10 of the Letters Patent.

(2.) THE facts shorn of details and necessary for disposal of this appeal are that certain Government land at Itarsi was allotted by the State government to Radhaswami Satsang Society (hereinafter to be referred as "society") on lease. The plot in dispute out of this land was sub let by the society to Matadeen Agrawal, who, to the knowledge of the Society, further sub-let the same to the appellant. The appellant raised a permanent construction on the suit plot after obtaining necessary sanction from the Municipal corporation. The appellant also obtained necessary licence from Municipal corporation, Itarsi, for running a saw mill on the plot in the name and style of m/s. Kanhaiya Saw Mill. In support of his claim regarding possession the appellant relied on sales tax registration, electric bills and other documents.

(3.) THE Society wanted to evict certain persons from the land leased out to them. They also wanted to remove the constructions made by the occupants. According to the appellant, the Society could not do so because many of the occupants perfected their title and attained the status of permanent licensee, therefore, by way of settlement with the State Government, almost half of the land allotted to the Society including the disputed land, was surrendered by the Society in favour of the State Government. The appellant claims that he is in possession of the disputed plot as a tenant of the Society.