MAYARAM Vs. STATE OF M P AND OTHERS

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff against the judgment and decree of reversal passed by the appellate Court in Civil Appeal No.7A/2003 decided on 26.10.2006.

(2.) The plaintiff filed a suit for declaration of title and Bhoomiswami right before the trial Court. The suit was registered as Civil Suit No.35A/1995. The trial Court vide judgment dated 28.06.2005 passed the judgment and decree in favour of the appellant/plaintiff. The State Government filed Civil Appeal No.7A/2003 before the lower appellate Court, which was allowed by the impugned judgment.

(3.) In the plaint, it is averred that the plaintiff and his ancestors had possession on the suit land since 1930. Before this period and at the time of Bandobast (1911-12), this land was recorded in the revenue record in the name of Nathhi Bai Mandloi. The plaintiff's ancestor Lachhi Ram used to cultivate the said land and on his death, his cremation took place on the said land. It is averred that Narayanrao, S/o Raghunathrao Mandloi provided Patta of said land after taking Rs.240/- as Najrana from Madhav i.e. father of the plaintiff. Thereafter, plaintiff's ancestors were in continuous possession of the land and became Bhoomiswami under the M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code').