PREMNARAYAN SHARMA Vs. RAJU AND ORS.

JUDGEMENT

(1.) THIS appeal by the plaintiff under section 100 CPC is directed against the concurring judgment and decree dated 16/04/2008 passed in civil appeal No. 11A/2007 by IV Additional District Judge (Fast Track Court), Dabra, District Gwalior confirming the judgment and decree dated 19/04/2007 passed in civil suit No. 47A/1988 by II Civil Judge, ClassII, Dabra, District Gwalior. Plaintiff's suit for declaration and permanent injunction has been dismissed.

(2.) SUIT land; agricultural land falling in survey No. 259 (new No. 52) area 4 bigha 16 biswa and survey No. 259/896 (new No. 53) area 16 biswa situated in village Gangapur, Tahsil Pichhore, District Gwalior are in dispute. The plaintiff filed a suit inter alia contending that the suit land was of the ownership and possession of the defendant No. 2 in the year 1957 and on 04/03/1957, the same was given on patta for 20 years during the period Samvat 2013 (year 1956) to Samvat 2033 (year 1976). Accordingly, the possession was also delivered. Since then, the plaintiff is in possession thereof. Thereafter, vide sale deed dated 04/04/1962, the defendant No. 2 transferred the title of the suit land in favour of plaintiff for a consideration of Rs.1,200/ -. On the date of execution of agreement, Rs.1,000/ - was pad and the remaining amount of Rs.200/ - was promised to be paid after receipt of the sale deed. As such, plaintiff acquired title over the suit land. As late as on 06/07/1988, the plaintiff apprehended forcible dispossession by defendant No. 1, accordingly, filed the suit on 08/07/1988.

(3.) DEFENDANT No. 2 filed written statement and denied plaint allegations. It is denied that the suit land is of the ownership and possession of plaintiff. It is denied that the suit land is of the ownership of defendant No. 2 in the year 1957. It is further denied that on patta, the suit land was given for 20 years on 04/03/1957 to the plaintiff and delivered possession. It is further denied that on 04/04/1962, the suit land was transferred in favour of plaintiff for a consideration of Rs.1,200/ -. It is denied that any cause of action has arisen to the plaintiff on 06/07/1988. It is denied that the plaintiff ploughing the field and harvesting crops over the suit land. It is further submitted that the suit land is of the ownership and possession of Mandir Shriram Janki and managed by Collector as Manager (Prabandak) belonging to Maufi Aukaf department and his name is recorded in the revenue record as pujari. Earlier, Gokul Das, a disciple of Shri Dharmadas Bairagi was pujari of the temple. The suit land was of the ownership of Jagirdar of village Gangapur. On 05/02/1924, Jagardiar of village Gangapur has donated the suit land in favour of the temple and recorded the name of Gokul Das as pujari of the temple in the revenue record. The name of Gokul Das continued in the revenue record from 05/02/1924 till Samvat 2031 (year 1974). Thereafter, in Samvat 2031 (year 1974), the name of defendant No. 2 was mutated in the revenue record. In none of the khasras, the name of plaintiff has been recorded either as bhumi swami or otherwise in any capacity. It is submitted that the entries made in khasra from Samvat 2013 (year 1956) to Samvat 2025 (year 1968) in column No. 20 were non est as the same were not recorded under the orders of any authorised revenue authorities. In the years 1957 and 1962, the plaintiff himself was a minor and the question of reflecting his name in the revenue record in any capacity did not arise under the provisions of the Madhya Pradesh Land Revenue Code, 1959.