STATE OF M P Vs. JAHANA

JUDGEMENT

(1.) DEFENDANT has come up in second appeal under section 100 of CP. Code against the judgment/decree, dated 31.8.1984, passed by learned 1st Additional District Judge, Dhar in C.A. No. 16-A of 1983, which in turn arises out of Civil Suit No. 133-A of 1982, decided by Additional Civil Judge, Class I, Dhar, on 10.8.1983. It was admitted for final hearing on following substantial questions of law :-

(2.) HEARD Shri V.P. Khare, learned Government Advocate for the appellants and Shri A. Siddiqui, learned counsel for the respondents.

(3.) IN short, the case of plaintiffs was that the land in question was a Jagir land, whose Jagirdar was Kazi Ajmatullaha. It was let out to Kazi Fakhrullaha - the predecessor in title of the present plaintiff, who actually cultivated the land as sub-tenant (Upkrishak). It is alleged that in course of time, he became pacca tenant under the then Land Revenue Tenancy Laws and then on coming into force the Land Revenue Code in 1959, became Bhumiswami. The plaintiff complained, that action of State in amending the revenue records behind the back and declaring the land to be a 'Beed Land' is bad, and not binding on the plaintiff. A declaration to this effect was thus prayed. The defence was that of denial.