STATE OF MADHYA PRADESH Vs. LAXMAN

JUDGEMENT

(1.) This Second appeal u/S.100 of the CPC is at the instance of the defendant challenging the reversal judgment of the first appellate court dated 7/7/2000 passed in Property Civil Appeal No.8-A/1999 whereby the judgment of the trial court dated 30th January, 1999 in CS No.83-A/1997 has been reversed and the suit filed by the respondent plaintiff has been decreed.

(2.) The respondent had filed the suit for declaration and permanent injunction with the plea that Hariram was the recorded bhumiswami of suit land being agricultural land in Survey No.282/2007 area 0.636 situated at village Nalva Tehsil Ujjain and the sale deed dated 26/2/1996 was executed by Hariram in favour of the respondent and possession was delivered and the name of the respondent was also mutated and he was continuing in possession as owner thereof. In the year 1992-93 the name of the respondent from the revenue record was deleted and the suit land was registered as government land and on 16/12/1996 the notice of eviction was given to the respondent on the ground that he was encroacher on the suit land. Hence, after sending the notice u/S.80 of the CPC, the present suit was filed.

(3.) The suit was opposed by the appellant by filing the written statement and raising the plea that the respondent is the encroacher on the suit land, therefore, the notice dated 16/2/1996 was given u/S.248 of the MPLR Code. A further plea was raised that suit land was given to Hariram on lease on 20th July, 1982 for the period 1982-83 to 1991-92 and as per the conditions of the lease he had no right to transfer the suit land, but acting contrary to it he had executed the sale deed dated 26/12/1986 in favour of the respondent, therefore, such a sale deed is void.