STATE OF MADHYA PRADESH Vs. SETH NARAYANDAS

JUDGEMENT

(1.) THIS is a Letters Patent Appeal against the judgment of Bhutt J. The respondents filed a suit for possession of 815.40 acres of land and Rs. 1,900 as damages against the appellant. The trial Judge, Shri S. M. I. Alvi, decreed the plaintiff's claim for possession of land and Rs. 1,500 as damages. The defendant filed an appeal before the District Judge, Chhindwara, who upheld the decree of the trial Court. The defendant's second appeal also failed before the single Bench of this Court.

(2.) IN order to appreciate the points in controversy, it is necessary to go into the previous history of the lands. Raja Gokuldas (the grandfather of the plaintiff -respondents' mother Rajkumaribai) along with his nephew Rai Bahadur Ballabh -das was the proprietor of village Chhuie in Seoni tahsil. The said area of land, which at that time was about 803 acres and classed as 'forest area', was adjacent to the village Chhuie and formed part of the village, as per revenue records. It was at the time of the Settlement in the year 1918 that this area along with some more land, that is, in all 815.40 acres, was formed into a separate survey number 359/l and named as village Dundal Kheda.

(3.) AT a family partition later, the village Chhuie along with the forest fell to the share of Raja Gokuldas, who was succeeded by his son, Diwan Bahadur Jeevandas, who along with his son Seth Govindass, executed a trust -deed, dated 24 -4 -1915, in favour of the plaintiffs' mother, Rajkumaribai (daughter of Diwan Bahadur Jeevandas) regarding the said forest lands and some other property. The deed of trust provided that Rajkumaribai was to be the beneficiary during her life -time and the executants were to be the trustees. After Rajkumaribai's death, the trustees were to transfer the trust property to her sons unconditionally, who would become full owners. It was in accordance with the trust that the plaintiff -respondents became owners of the disputed lands, now known as village Dundal Kheda after their mother's death.