UMRAO Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiffs assailing the judgment and decree passed by learned first appellate Court allowing the appeal of defendants-respondents and thereby dismissing the suit of plaintiffs for declaration of Bhumiswami right and injunction.

(2.) IN brief the suit of plaintiffs is that they are the residents of village Sonkhedi, Tahsil Kannod where the law of erstwhile Holkar State was prevailing in the year 1943-44. According to the plaintiffs, the suit land description whereof has been given in para 2 of the plaint was given to their late father Rugnath by erstwhile Holkar State through Divisional Forest Officer, Nemavar Division Kannod on 14.7.1944. According to plaintiffs, their father was paying yearly land revenue. After the formation of State of Madhya Bharat, Forest Department was giving land to the plaintiffs father on yearly basis and plaintiffs father was paying land revenue. In the year 1962 Divisional Forest Office was shifted from Kannod to Dewas and, therefore, in that year land revenue was not realised. However, Rugnath (father of plaintiffs) was cultivating the land in question as Bhumiswami. In the year 1980 Rugnath died and after his death plaintiffs are jointly possessing the agricultural land and cultivating the same.

(3.) WRITTEN statement was filed by defendants refuting the plaint averments. According to defendants, right from very beginning State was the owner of the suit land and the disputed land is forest land. Plaintiff's father Rugnath did not acquire any right in suit land though yearly it was being given to him for agricultural purpose.