ATAR SINGH Vs. JILEDAR SINGH

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 8-1-1997 passed by First Additional District Judge, Morena, in Civil Appeal No. 133-A/94, whereby the judgment and decree passed by Civil Judge Class I, Ambah, District Morena, dated 16- 9-1994 in C.S. No. 156-A of 1989 has been set aside, the present appeal has been preferred by the appellants.

(2.) The substantial questions of law involved in this appeal are :

(3.) Short facts of the case are that the appellants/plaintiffs filed a suit for declaration and permanent injunction alleging that the land bearing survey No. 349, measuring 3 Bighas 1 Biswa, situated at village Jkahara, Tahsil Ambah, District Morena (which shall hereinafter be referred to as the 'suit property) is in occupation of the appellants. It was alleged that in the revenue record the name of respondents 1 and 2 has been recorded as Bhumiswami but they were never in occupation of the suit property. Further case of the appellants was that Jabar Singh, predecessor-in-title of the appellants, was in occupation of the suit property prior to the Zamindari Abolition Act. In Samvat 2018 Vijai Bahadur Singh, predecessor-in-title of respondents 1 and 2, leased out the suit property to Jabar Singh for a period of 50 years on payment of premium of Rs. 200/- and on payment of lease rent at the rate of Rs. 50/- per year. It was alleged that the predecessor-in-title of the appellants, Jabar Singh, died in the year 1982 and after his death the appellants are in occupation of the suit property. It was alleged that since the lease in favour of the predecessor-in-title of the appellant was against the provisions of Section 168 of the M. P. Land Revenue Code, 1969 the appellants have become Bhumiswami of the suit property. On the basis of the aforesaid pleadings it was prayed that the appellants are Bhumiswami of the suit property and respondents 1 and 2 be restrained from interfering with the possession of the appellants. Respondents 1 and 2 submitted written statement wherein plaint allegations were denied. It was also denied that the suit property was leased out by Vijai Bahadur Singh to the predecessor-in-title of Jabar Singh.