NANDKISHORE & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) This Second Appeal has been filed by the appellants being aggrieved by the judgment and decree dated 30.08.2007 passed by the Second Additional District Judge (Fast Track Court), Ganjbasoda in Civil Appeal No.2-A/2007 confirming the judgment and decree dated 08.12.2006 passed by First Civil Judge Class-II, Ganjbasoda in RCS No.26-A/2006.

(2.) The appellants had filed a suit for declaration claiming ownership rights on the land measuring 5.592 hectares contained in Survey No.61 at Village- Gamakar, Tehsil- Basoda, District- Vidisha (M.P.). Plaintiffs averred that one Lakhmichand was Zamindar of Village- Gamakar and after his death, his son- Sukhlal succeeded to his state and both of them have died. It was averred that plaintiffs No.1 to 6 are sons of Sukhlal and plaintiff No.7 is widow of said Sukhlal. It was also mentioned that out of Survey No.61, a new Survey No. 61/1 was carved and 5.226 hectares of land was taken out from the account of Lakhmichand and was declared as Government land and 0.366 RA hectares of land was recorded in the name of Lakhmichand under Survey No.61/2.

(3.) According to the plaintiffs, after abolition of the Zamindari, total land was in possession of the Lakhmichand and after Lakhmichand, it is in continuous possession of the plaintiffs. Sukhlal had filed a suit for declaration in regard to this land, which was registered as 151-A/1970 and it was dismissed by the Court of Civil Judge Class-II, Basoda vide judgment and decree dated 13.12.1973.