SANGRAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal by plaintiff is directed against the judgment and decree dated 17/10/2005 in Civil Appeal No. 6A/2005 confirming the judgment and decree dated 17/2/2005 in Civil Suit No. 34A/2005. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) PLAINTIFF filed a suit inter alia contending that agricultural land falling in survey nos. 434, 440, 441, 443 and 444 admeasuring 2.44 hectare in village Peepalkheda, Tahsil Khaniyadhana (hereinafter referred to as the suit land) has all around been in possession of plaintiff. The aforesaid land has been given on Patta to defendants no. 4 to 9 by the defendant/State without knowledge or hearing to plaintiff.

(3.) DEFENDANTS no. 1 to 3 filed written statement and denied plaint allegations. It is submitted that plaintiff or his ancestors have never been in possession of the suit land. Suit land is a government land. There is a policy of the State Government to allot Patta to the landless persons belonging to the Scheduled Castes/Scheduled Tribes Community and accordingly, as per that policy, Patta has been allotted to defendants no. 4 to 9, defendants no. 4 to 9 have also filed separate written statement inter alia contending that at the time of grant of Patta a case No. 98/01 -02 -Aa -19 was registered and detailed enquiry was held and thereafter Patta was allotted and possession was given to them. Plaintiff was never found to be in possession of the suit land and, therefore, awarding of Patta was in accordance with the procedure laid down in the law. With the aforesaid pleadings, defendants prayed for dismissed of the suit.