MOHAMMAD KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree of reversal passed by the appellate Court.

(2.) A suit for declaration of Bhumiswami right and injunction has been filed by the plaintiffs, who are appellants here in this appeal. The suit land is agricultural land.

(3.) THE State of Madhya Pradesh - defendant resisted the suit by filing the written statement. It has been categorically pleaded in the written statement that the plaintiffs did not acquire any Bhumiswami right. It has also been denied that plaintiffs' predecessors were possessing the land in question. According to the defendant, the suit land is of Shri Math Shyam Bhartiji and this land, every year is given on lease by auctioning it. The plaintiffs themselves took part in the auction and obtained the land on lease, a year before filing of the suit and in this manner they are possessing the suit land. The Bhumiswami of the land is deity Shri Math Shyam Bhartiji and the Manager is the Collector of the district and for this reason, every year the suit land is auctioned and the person who is the highest bidder, the land is given to him on one year lease. It has been specifically denied that the plaintiffs are in possession of suit land for last 60 years. Since plaintiffs themselves took part in the auction and obtained the land in question on lease, therefore, even if they were having any right; as they say, they have waived their right. The defendant prayed that the suit be dismissed.