PREMNARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the judgment and decree dated 13th September, 2004 passed by III ADJ (Fast Track) Guna in Civil Appeal No. 24A of 2004 confirming the judgment and decree dated 1.1.2003 passed by II Civil Judge Class II Guna in Civil Suit No. 5A of 2001 whereby, the suit filed by the plaintiff seeking declaration of title on the basis of lease granted in his favour by the revenue authorities and to set -aside the order of Additional Collector cancelling the said lease and injunction has been dismissed.

(2.) THE plaintiff's case in brief is that he is owner of the land bearing Survey No. 82/2 area 2 Hectares which was allotted to him s per patta granted by Bhudan Yagna Board being landless person. He is cultivating the said land since the date of grant of patta and planted 50 trees of Guava, 20 trees of Lemon, two trees of Berry and 24 other trees which have been standing thereon. The Additional Collector Guna in Case No. 155/1998 -99 has cancelled the said patta after 25 years without affording opportunity of hearing relying upon a notification issued in the year 1967 under Section 4 of the Indian Forest Act 1927. However, the declaration of title on the basis of said patta and the order of cancellation of said patta may be set -side protecting the possession of the plaintiff on the suit land.

(3.) AFTER framing the issues and adducing the evidence by both the parties, the courts below have dismissed the suit filed by the plaintiff accepting the plea of defendant relaying upon the notification of the forest department holding that the land belongs to the forest department cannot be allotted on patta by the revenue authorities, however, the order of cancellation of said patta has rightly been passed. Being aggrieved by the judgment and decree passed by two courts, this appeal has been preferred.