SUKHDEO Vs. STATE OF M.P.

JUDGEMENT

(1.) THE case of the appellants/plaintiffs is that the suit land bearing survey No. 49, area I. 859 hectares at Village Pedwi, Tehsil Dharampuri, District Dhar was owned and possessed by Shri Gaurishankar and on 9.1.1962 he has sold the suit land by a registered sale deed to Balaji and since then Balaji remained in possession of the suit land as the owner and after his death the appellants are incontinuous possession of the suit land; that on 6.10.1997 a notice was published by the Tehsildar to lease out the suit land and as such relief of declaration of title and permanent injunction be provided to the appellants/plaintiffs.

(2.) THE learned trial Court has held that the suit land was purchased by a registered sale deed and as such the appellants are entitled for the relief of permanent injunction and declaration. The learned appellate Court has held that the original sale deed is not produced and the appellants have not perfected title over the suit land by adverse possession and as such the plaintiffs are not entitled for the relief of declaration and permanent injunction.

(3.) THE appellants/plaintiffs have not taken any steps to get the name mutated in the revenue record after the alleged sale deed. The possession of the appellants/plaintiffs is also not recorded after the alleged sale deed in the year 1963. The appellants/plaintiffs have also not taken any objection before the revenue authorities at the time of divesting the land to the State after the death of Gaurishankar under section 177 MPLR Code. In the aforesaid background, the learned appellate Court has rightly held that the sale deed in favour of the plaintiffs is not properly proved and in the facts and circumstances of the case it does not confer the title to the plaintiffs.