STATE OF M P Vs. BANGUBAI

JUDGEMENT

(1.) APPELLANT /defendant has preferred this appeal under section 100 of the CPC against the judgment and decree dt. 28.2.1986 in Civil Appeal No. 17-A/82 passed by learned Additional District Judge, Dhar confirming the judgment and decree dt. 28.2.1986 in Civil Suit No. 100-A/79 passed by learned Civil Judge Class-II Kukshi.

(2.) THE case of the respondent plaintiff is that the land bearing survey No. 158 area 2.693 hectare situated at village Lingwa Tahsil Kukshi belongs to the plaintiff and he is in possession of the land. It is further pleaded by. the plaintiff that the suit land bearing survey No. 159 and 261/159 was provided to the ancestors of the plaintiff by the-erst-while rulers of Dhar for maintaining the idol of Shriram Mandir and the plaintiff is in possession of the land. That after coming into force of the M.P. Land Revenue Code, 1959 under section 158 the plaintiffs have become the bhumiswami of the suit land. That the defendant No. 3 Tahsildar Kukshi has given the notice to the fact that the land belongs to State and it will be allotted to the bataidar of the plaintiff. The plaintiff has prayed that the relief of permanent injunction be provided to the plaintiff to restrain the defendants from interfering with the possession of the plaintiff.

(3.) THE learned Trial Court after framing the issues has examined plaintiff Bangubai (PW 1), Somji (PW 2) and Bawlya (PW 3) and defendant has not examined any witness. The learned trial Court has held that in view of the notice Ex. P-1 it is proved that the suit land was provided to the ancestral of the plaintiff not as a pujari and as such the suit was decreed. The learned Appellate Court has confirmed the impugned judgment and decree.