OM PRAKASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has come to be filed under the following circumstances:

(2.) THE revenue papers which were brought on the record of the case were for samvat 2002 to 2006, 2008 and 2010 to 2013. The relevant record does indicate the existance of a temple.

(3.) THERE appears to he some merit in the contention of the learned counsel for the appellants. A person in continuous possession for over twelve years before 2nd of October, 1951 was conferred certain rights vis -a -vis houses, gardens, wells, etcs. as mentioned in section 5 of the Act. As indicated above, the Court below has not addressed itself to this aspect of the matter. The appeal is accordingly allowed and the matter is remanded to the first appellate Court who would re -examine the matter and record a finding as to whether the case falls under section 5 of the Act. The State would be at liberty to place on record, the revenue record for samvat 2007. The state may also be permitted to bring on the record any other evidence. As a matter of fact, the prepondance of judicial opinion is that the record of samvat 2007 is the relevant for the purpose of determining the rights under the aforementioned statute. Some how or the other, this record has not been placed on the Court file.