BHERULAL Vs. STATE OF MP AND ORS.

JUDGEMENT

(1.) THIS appeal by the plaintiff under section 100 CPC is directed against the judgment and decree dated 08/07/2005 passed in civil appeal No. 45A/2005 by District Judge, Sheopur District Sheopur confirming the judgment and decree dated 14/10/1999 passed in civil suit No. 56A/1996 by Civil Judge, Class -I, Sheopurkalan. Plaintiff's suit for declaration and possession has been dismissed. Trial Court has held that if plaintiff deposits the premium of Rs. 10,000/ -, the Gram Panchayat, Karhal shall award patta of the suit land in exercise of powers under section 244 of the Madhya Pradesh Land Revenue Code, 1959 or the Collector shall initiate the proceedings for compounding the offending construction over the suit land; in either eventuality, the plaintiff shall be entitled for recovery of possession. However, the plaintiff has no right to raise any construction over land falling in survey No. 1232. First appeal preferred against the judgment and decree passed by the trial Court was dismissed by the first appellate Court. The defendants' have also filed cross objection under Order XLI Rule 22 CPC against that part of the decree whereby the parties/authorities were called upon to decide the matter of compounding the offending construction, condonation was allowed. Plaintiff preferred this second appeal against the concurring judgments and decrees to the effect of directing the plaintiff to deposit Rs. 10,000/ - as premium for grant of lease by the Gram Panchayat and also the direction to take a decision by the Collector to compound the offending construction raised over the suit land.

(2.) FACTS necessary for disposal of this appeal and as pleaded in the plaint are to the effect that the suit land falling in survey Nos. 1331/1, 1331/2 and 1331/4 situated in village Karhal, District Morena has been declared as Awadi (residential) by the Collector vide order dated 12/09/1963. Gram Panchayat as alleged has been authorised to grant the lease of suit land. Vide resolution No. 2 dated 14/5/1961, the Gram Panchayat has allotted Awadi (residential) suit land falling in survey No. 1331 for construction of house and shops whereupon the plaintiff has raised pakka construction. It is alleged that construction has been raised with the permission of Panchayat as per sanctioned map. However, on complaint filed by concerned patwari that plaintiff has encroached upon the land falling in survey No. 1331 and raised construction, a revenue case was registered treating the said land to be padat kadim and an order was passed for dispossession of plaintiff. After prolonged proceedings at different levels, ultimately, by the orders of the Board of Revenue, it was directed that the house constructed thereupon shall not be demolished as the same has been constructed with the permission of the Panchayat in good faith. It was further directed that the Collector shall initiate proceedings for compounding the offending construction. In compliance of the direction of the Board of Revenue, the Collector declined to compound the offending construction as a result the house constructed by plaintiff was taken possession by the police department and the tenant residing therein was ousted. Therefore, the instant suit for declaration, recovery of possession and mesne profits was filed.

(3.) ON the aforesaid pleadings, trial Court framed issues and allowed parties to lead evidence. Upon critical evaluation of the entire evidence on record, trial Court has held that though the plaintiff could not have been leased out the suit land, however, if the plaintiff deposits Rs. 10,000/ - as premium then the lease shall be granted by the Gram Panchayat and the Collector shall initiate the proceedings for compounding the offending construction.