BHAGWANIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) An unsuccessful plaintiff being aggrieved by the dismissal of her suit vide judgment and decree dated 12-5-1995 passed by First Additional Judge to the Court of District Judge, Bhopal in C. O. S. No. 110-A/88 has knocked the door of this Court for decreeing the suit.

(2.) Facts giving rise to this appeal are that as per pleadings of the plaint, the appellant and her late husband Vesimal had come from Pakistan on partition of country. Initially they resided at Devlali Camp then shifted to Bairagarh in 1952-53 where they have been inducted in a 2, B barrack, the old quarter situated on the land of "Smt. Aftab Jahan Begum". The aforesaid induction took place at the instance of the Officers of the rehabilitation department, the department of Central Govt. As aforesaid area was taken over by Central Government from the then erstwhile State of Bhopal for such rehabilitation. The aforesaid Bhoomiswami "Smt. Aftab Jahan Begum" the land lady was the wife of the Nawab of said old State of Bhopal. No order in writing was given to plaintiff at the time of induction but she remained in possession of the property.

(3.) It is also pleaded that the aforesaid land is still recorded in the name of said "Smt. Aftab Jahan Begum" as Bhoomiswami in the revenue record. After her demise the Nawab Sajida Sultan has become the Bhoomiswami, as such, this land was never recorded or owned by respondent No. 2 State of Madhya Pradesh as Bhoomiswami, thus respondent No. 2 had no authority to initiate any proceedings for eviction or removal to appellant from its possession.