SABAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This second appeal has been filed by the appellants / plaintiffs under Section 100 of the Code of Civil Procedure, challenging the judgment and decree dated 8.8.1996 passed in First Civil Appeal No. 73-A/92 by Additional District Judge, Basoda, District Vidisha (MP), confirming the judgment and decree dated 30.11.92 passed in Civil Suit No. 162-A/91 by Additional Civil Judge Class-2, Basoda, District Vidisha (MP).

(2.) Succinctly the facts of the case are that the appellant / plaintiffs filed a suit for declaration of Bhumiswami rights and permanent injunction against the respondent / defendant with regard to agricultural land bearing survey nos. 77, 83, 191, 195 and 799 (new survey nos. 37, 103 and 460), total area 83 Bigha 4 Viswa situated in village Enchada, Tahsil Nateran, District Vidisha (MP). The plaintiffs have been cultivating the disputed land since the time of their father who obtained that land as Jamindari lease. The respondent / defendant had raised an objection that the plaintiffs are encroacher upon the disputed land and threatened to dispossess them on 1.5.1980 and 12.10.1980, while the appellants / plaintiffs have become Bhumiswami of the land in dispute after coming into force the M.P. Land Revenue Code because they became Pacca Krishak after abolition of Jamindari.

(3.) The respondent / defendant in his written statement admitted new survey numbers of disputed land and further admitted that father of original plaintiffs namely Nirbhay Singh and Pratap Singh were also Jamindar of Village Enchada before Maalgujari Abolition Act coming into force in 1951. The disputed land was not Khud-kashat land of the then Jamindar in Samvat 2008 and it was recorded as Beed land in khasras in Samvat 2007-2008. Therefore, after coming into force the Maalgujari Abolition Act, 1951, the disputed lands were vested in the government under Section 4 of the Act. The disputed land was not recorded in the name of plaintiffs as Pacca Krishak and / or Bhumuswami. The plaintiffs are encroacher on the suit land, therefore, prayed that suit be dismissed.