RAMSWAROOP Vs. STATE OF M P

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The facts in brief of the plaint are that the plot in dispute situated near Pawar Sahab Ka Bada, Naka Chandravadani, Gwalior (hereinafter would be referred to as "disputed land") was purchased by the father of the plaintiff from one Sadashivrao in the year 1950 vide unregistered sale deed dated 23.6.1960 and obtained possession thereof. During his life time, father of the plaintiff executed a will dated 26.6.1970 in his favour in respect of the disputed plot and thereafter he died on 22.11.1972. Since then the plaintiff has been in possession of the said plot and his name has been recorded as owner of the said land in the revenue record. Thereafter, in order to make construction over the said land, the plaintiff applied for permission before Nagar Palika which was refused, hence, he filed a Civil Suit bearing No.50A of 2001 which was decreed in favour of the plaintiff and he was declared Bhumiswami in possession of the said plot. Thereafter, in the appeal filed by the Nagar Palika, the appellate Court reversed the judgment and decree of learned trial Court on the ground that the disputed land being government land, State of M.P was a necessary party in the matter. The said judgment and decree was also upheld by this Court in second appeal. Hence, now impleading the State of M.P as a party in the matter, the suit claiming the relief as stated herein above was filed.

(3.) The defendant/State inspite of being served notices to appear before the court neither appeared nor filed any written statement, hence, the matter was proceeded exparte.