CHHOTELAL AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this second appeal under Section 100 of Code of Civil Procedure, 1908 against the judgment and decree dated 09-07-2010 passed by learned Tenth Additional District Judge, (Fast Track Court), Gwalior in Civil Appeal No.17-A/10 confirming the judgment and decree dated 23-02-2010 passed by learned 9th Additional Judge to the Court of First Civil Judge Class -II, Gwalior in Civil Suit No.62-A/2010.

(2.) The brief facts of the case are that the appellants/plaintiffs filed a suit for declaration and permanent injunction, seeking a declaration that they are Bhumiswami of the suit land of survey No.48 to 51, 53 to 63, 65 to 70, 73 to 75, 79, 80, 83, 84, 87 and 95 total survey No.29 area 83 bigha 9 biswa situated at village Neem Chandoha District Gwalior. It is pleaded by the plaintiffs that the suit land was given on lease in the year 1930 by the then Zamindar Hari Singh to the plaintiffs' father Kashiram and uncle Dhanna alias Panna alias Dhanpal. The name of plaintiffs' ancestor was mutated in Khasra of year 1940, 1946 and 1947 as occupancy tenant. Dhanpal has died issue less and Kashiram also died in the year 1948. When plaintiffs become major in the year 1962 they started cultivating the land and till today plaintiffs are cultivating over the suit land. Due to death of Kashiram and Dhanpal, in collusion the revenue officers mutated the name of other persons and also tried to sell the suit land, therefore, the plaintiffs filed the suit which was registered as 162-A/1977 and by the judgment and decree passed in the said suit all the sale deeds have been cancelled and mutation has also been cancelled. In the year 1978, plaintiffs filed an application for recording their possession before Tahsildar and thereafter on the enquiry made by Tahsildar possession of plaintiffs was found over the suit land in spite of it the name of plaintiffs was not mutated over the suit land and the file of plaintiffs was misplaced from the office of Sub Divisional Officer in the year 1985.

(3.) Respondent/defendant in its written statement stated that Tahsildar has dismissed the application for recording possession of plaintiffs on 31-03-1997. The name of various scheduled castes persons are mutated over the suit land situated at Neem Chandoha.