SABIR KHAN Vs. BABULAL

JUDGEMENT

(1.) THE appellants/defendants have filed this appeal under section 100 of the CPC being aggrieved by the judgment dated 28.6.2005 passed by ADJ, Sironj in Civil Regular Appeal No.24 -A/2000 affirming the judgment and decree dated 7.8.2000 passed by Civil Judge Class -I, Sironj in COS No.424 -A/83 whereby the suit of the respondent No.1 filed for declaration and perpetual injunction with respect of the land bearing Khasra No.2054 area 1.632 hectare Kasba Siron, has been decree against the appellants.

(2.) THE facts giving rise to this appeal in short are that respondent No.1 herein has filed the above suit on 15.7.83 contending that long before 33 years the aforesaid land was taken by him from his erstwhile Bhumi Swami Sardar Khan on lease to carry -out the agricultural activity and since then he was enjoying the same and during this period on coming into force the Madhya Pradesh Land Revenue Code (in short 'the Code') on 2.10.59 within one year no application to get back the possession of such land was filed by said Sardar Khan against him and, in such premises, on completing the statutory period as prescribed under the Code, he has acquired the occupancy right in such land and by operation of law he has become the Bhumi Swami and, in such premises, the prayer declaring him to be the Bhumi Swami of such land and consequently to protect the possession, the prayer for issuing perpetual injunction are made.

(3.) ON the other hand, in the written statement of the appellants, the natural heirs of the deceased Sardar Khan by denying the material averments of the plaint the perfection of the aforesaid right of occupancy tenant and persuant to that Bhumi Swami by the respondent is also denied, it is stated that in the available circumstances, the respondent No.1 had not acquired any title, right and possession of the property. As such the possession of the disputed land was also remained with them and after death of Sardar Khan, his wife Gulshan Bi had given this land for cultivation to one Sayeed Khan in the year 1983 -84 and accordingly, the disputed land was never remained in possession of respondent No.1 and the prayer for dismissal of the suit is made.