NANDKISHORE Vs. DABOLE

JUDGEMENT

(1.) THIS is defendants' second appeal.

(2.) NECESSARY facts for the disposal of this appeal are : The plaintiffs/respondents, who are all real brothers, filed a suit for declaration of title and possession of the suit-land, consisting of Khasra No. 479, area 3 bigha and 13 biswa, situate at village kakardha, Tahsil Dabra, District Gwalior. They were granted Patta of the suit-land on 8-12-1958, vide Ext. P-2. They were put in its possession on 26-7-1963, but were dispossessed by the appellants/defendants on 9-7-1964. (For convenience, the parti are referred to here-in-after as the plaintiffs and defendants ). The defendants resisted the suit on the ground that their forefathers were the Zamindars of the suit-land and it had been in their possession from much before the abolition of the Zamindari. At the time of the abolition of the Zamindari by the Madhya Bharat Zamindari Abolition Act, 1951 (for short, the 'act'), the suit-land was in their 'khudkasht' and for that reason it was saved to them and had not vested in the State on the date of vesting, 2-10-1951.

(3.) THE trial Court dismissed the suit, accepting the defendants' case that the suit-land was their 'khudkasht' land. It had not vested in the State. The State had, therefore, no right to grant Patta to the plaintiffs.