BALWANT SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has challenged the sustainability of the judgment dated 16.8.2004 passed by Ist ADJ, Ashok Nagar, district Guna in Civil Regular Appeal No.156-A/03 affirming the judgment dated 28.2.2003 passed by Addl.Civil Judge Class-I, Ashok Nagar in COS No.91-A/87 whereby the suit of the appellant filed for declaration and perpetual injunction with respect of the land described in the plaint, has been dismissed.

(2.) THE facts giving rise to this appeal in short are that the appellant herein filed the above mentioned suit contending that the land bearing survey number 231/1, 231/2 and 440/3 was given to him on Patta after holding the proceedings in Revenue Case No.178/60-61 while the Patta of the land bearing S.No.230/4 and 231/2 was given to him after holding the proceedings by the Tehsildar in Revenue Case No.226/61-62. As per further averments, by way of such Patta, the right of "Pakka Krishak" was given to him and possession of the land was also handed-over to him. Pursuant to aforesaid Patta, the land was recorded in the name of the appellant as Bhumi Swami and since then he is enjoying the same. In the year 1975 on receiving the notice from the Revenue Officers stating that the appellant is an encroacher on such land, then he enquired about it then came to know that his name has been deleted long before in 1975 holding him to be the encroacher on such land. As per further case such modifications, change and in the concerning Khasra was carried out without extending any opportunity of hearing to the appellant. So, such order being passed in his absence is contrary to law and ab initio void, on which, by stating the cause of action of dated 15.7.82, the aforesaid suit was filed on 5.1.83.

(3.) AFTER framing the issues and recording the evidence, on appreciation by holding the above mentioned Patta projected by the appellant to be forged, fabricated and prepared by practicing fraud and also by holding that the same being contrary to revenue record, as such, no record of the concerning revenue case or entry was found in the "Daira register" (Register of registration of cases) of the appellant was dismissed by the trial court on challenging the same by the appellant before the appellate court. On consideration, by affirming such judgment and decree the appeal was dismissed, on which the appellant has come to this court under section 100 of the CPC.