BAHADUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal under section 100 of CP. Code, filed by the plaintiff against the judgment and decree, passed by the learned Ilnd Additional District Judge, Camp Agar, District - Shajapur, in C.A. 2644 of 1983, on 19.7.1983, which in turn arises out of Civil Suit No. 6-A of 1979, decided by Civil Judge, Class II, Camp Agar, District - Shajapur, on 18.2.1980. It was admitted for final hearing on following substantial questions of law -

(2.) HEARD Miss Kiran Juneja, learned counsel for the appellant and Shri P. Verma, learned Government Advocate for the respondents.

(3.) IT was a suit filed by the appellant (plaintiff) for declaration and injunction in respect of the suit land. The suit was essentially based upon the provision of M.P. Abolition of Jamindari Act (for brevity Act) contending that on the expiry of the said Act in the year 1951, the plaintiff acquired Bhumiswami rights attached to the land. This submission was being built up on the ground that plaintiff was in continuous possession of the suit property through his father - Ram Singh as Pakka Krishak. The State i.e. defendant did not accept the case of the plaintiff and while joining the issue had initiated dispossession proceedings on the suit land against the plaintiff from the Court of Nayab Tahsildar successfully. It is this issue which was gone into by the two Courts below on evidence and facts and the material on record. Eventually, both the Courts below i.e. trial Court and first appellate Court dismissed the suit preferred by the plaintiff and declined to grant him a declaration, as prayed for. Indeed, it was held that plaintiff could not prove his legal status attached to the land in question. It was held that plaintiff was infact treated as an encroacher on the State land by the Court of Nayab Tahsildar, when an order of his eviction was passed and a fine to that effect was imposed on the plaintiff (appellant).