JAGDISH CHANDRA GUPTA Vs. MADANLAL

JUDGEMENT

(1.) The appellant (hereinafter referred as "plaintiff") has filed the present appeal being aggrieved by the judgment and decree dated 15.12.1999 passed by the First Additional District Judge, Mandsaur by which the civil suit has been dismissed. Facts of the case in short are as under:

(2.) The plaintiff filed the suit for the reliefs of declaration, permanent injunction, possession and damages for the property bearing Survey No.790 (Area 0.031 are) (Old No.1232 of 2002), situated at Mandsaur. The boundaries of the suit property described in the plaint are as under: "North ? remaining land of Survey No.790. South ? Kailash Marg Bus Stand. East ? Survey No.791. West ? Road from Bust Stand to Gandhi Square. Measurement of the land: length from east to west ? 50 feet, width from north to south 50 feet.(50x50 square feet)" (Hereinafter referred as the "suit property")

(3.) According to pleadings in the plaint, the "suit property" as well as nearby land was initially owned by Late Ramteerath and his ancestors. That "suit property" 50x50 sq.ft. and nearby lands owned by the ancestors of Late Ramteerath namely Hukumchand Onkar, Smt. Judab Bai and Ganga Bai were given on lease to ancestors of defendant Nos.6 to 18 namely Girdharilal on 10.09.1901. Late Ramteerath initiated proceedings for resumption of the aforesaid land under Section 189 of the Madhya Pradesh Land Revenue Code' 1959 (hereinafter referred as "MPLR Code") before the Sub Divisional Officer, Mandsaur which was registered as Case No.2/60xA/45. In the said case, the order of resumption dated 20.02.1968 was passed by the Revenue Commissioner in favour of Late Ramteerath in Appeal No. 109/66-67 which had been upheld by the Board of Revenue vide order dated 26.08.1968 in Case No.91/3/68. In compliance of the aforesaid order, improvement and construction cost was deposited in the revenue Court by Late Ramteerath.