RAHAMATULLAH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants have preferred this civil revision under section 115 of the Code of Civil Procedure against the order passed by the Additional District Judge, Sheopur in Civil Appeal No. 52 -A/77 dated 15 -4 -77.

(2.) SHORT facts are that the applicants filed a suit for declaration of title and issuance of permanent injunction against the defendant State. According to the plaint, the disputed laud was given to Shahbaj, the father of the plaintiffs on Patta by the then Zamindar on 25 -4 -1951 and since then Shahbaj the father of the applicants, was cultivating the suit land and after his death, the plaintiffs -applicants are in cultivating possession of the same. According to the plaint, they have acquired the rights of Pucca tenant and hence have become Bhumiswamis in accordance with the provisions of the M.P. Land Revenue and Tenancy Act, 1959.

(3.) THE trial Court decreed the suit aggrieved by which the State preferred an appeal before the Additional District Judge, Sheopur. The appellant Court allowed the appeal of the State on the ground that the plaintiffs are three brothers and only two of them have filed the suit, the third son has not come before the Court nor he was impleaded as a party. Hence, he ordered the case to be remanded back to the trial Court for impleading the third son of Shahbaj in the suit and then proceed with the trial. This order of the appellate Court has been challenged in this revision.