DEVISINGH Vs. STATE OF M P

JUDGEMENT

(1.) BEING aggrieved by the Judgment and the Decree dated 30.7.1990 passed by III ADJ, Shajapur in Civil Regular Appeal No. 12A/86 whereby the Judgment and the Decree dated 5.12.1985 passed by II Civil Judge Class- II, Shujalpur in Civil Original Suit No. 25A/84 was set aside, the present appeal has been filed, which has been admitted for final hearing vide order dated 13.9.1991 on the following substantial questions of law :

(2.) SHORT facts of the case are that appellant filed a suit for declaration and permanent injunction alleging that land bearing S.No. 150/4 and 52 situated at village Dhaulpur was allotted to respondent Nos. 2 to 6 by respondent No. 1 on lease. It was alleged that appellants are in occupation of land and are Bhumiswamis. In the revenue record nature of land is shown as Khudkasht land. It is alleged that since it was mutated as Khudkasht land at the relevant time, therefore, the land could not have been vested in the State Government on 2.10.1951 when the Zamindari Abolition Act, 1951 (which shall be referred hereinafter as 'Act') came into force. Further, case of the appellants is that in the year Samvat 2008, the name of the appellants is recorded as Up-krashak and from the year 2009 the name of appellants was recorded as occupier. In the circumstances, it was prayed that it be declared that appellants are Bhumiswamis and the lease executed by respondent No. 1 be cancelled.

(3.) IN the present case the appellants has filed the Revenue record, Exhibit- P-2 Khasra Entries of the Year 2007, wherein the name of Fundilal predecessor in title of the appellants has been recorded as Bhoomi Swami and nature of occupients has been mentioned as Khudkhast. In column No. 20, the description of land is shown as "Ghairapparipash". In Exhibit-P-3 which is khasra entries for the year Samvat 2008, the description of the land again been shown as "Ghairapparipash". This position also continued in Exhibit-P- 4, which is for Samvat 2009. In Exhibit-P-5 which is for Samvat 2010, land bearing survey No. 52 is shown as "Beed", while land bearing survey No. 150/4 is shown as "Charnoi". In Exhibit-P-5 for the year Samvat 2015, it is shown as agricultural land producing capas, tuwar, moong and wheat. In Exhibit- P-7, which is for the year 2021 to 2024, the nature of the land is shown as "Beed" and it is also mentioned as cultivating wheat, cotton, tuwar and groundnut.