STATE OF MADHYA PRADESH Vs. PHULCHAND GANPATLAL

JUDGEMENT

(1.) IN village Naogaon, Tahsil Khurai, District Sagar, defendant No. 1 Mancharasha, who died during the pendency of this appeal; and was shown as respondent No. 2 in this appeal prior to his substitution on 20-4-1983, owned about 53 acres of land jointly with his brother Hoshangji. Apart from this, Hoshangji owned 24 acres of land in his individual name exclusively. A case under the M. P. Ceiling on Agricultural Holdings Act, 1960 (No. 20 of 1960) (hereinafter referred to as 'the Ceiling Act') bearing No. 95-A/90/2-B of 1974-75 was started. A statement was published under section 11 (3) of the Act on 7-1-1976 in view of the order passed on 20-12-1975 vide Ex. P. 11. The plaintiff-respondent No. 1 filed an objection on 23-3-1976 which was rejected on 21-5-1976. The plaintiff-respondent No. 1, therefore, filed a suit on 21-7-1976 under section 11 (5) of the Ceiling Act, but, during the pendency of the suit, the appellate authority set aside the order dated 20-12-1975 and remanded the case to the competent authority. The plaintiff, thereafter, amended the plaint by adding in para 8 thereof, that, in the alternative, the suit was for declaration and injunction. During the pendency of the suit, the competent authority passed an order declaring 34. 57 acres as surplus land. An appeal was preferred, but the same was dismissed by the Board of Revenue on 14-6-1978. The case of the plaintiff-respondent No. 1 that he became the Bkumiswami of the land in his possession, was negatived by the Revenue Authorities.

(2.) THE trial Court, by its judgment in the case dated 8-9-1979, held the plaintiff-respondent No. 1 as an occupancy tenant. The appeal by the State against that judgment and decree was dismissed on 9-5-1981. Hence, this second appeal.

(3.) THIS appeal has been admitted on the following substantial question of law