BALVEER SINGH Vs. HARCHAND

JUDGEMENT

(1.) The plaintiff has filed this second appeal against the judgment and decree dated 15/3/2000 passed by learned Second Additional District Judge, Ashoknagar, District Guna in Civil Appeal No. 17-A/99 (Harchand v. Balveer Singh and another) whereby the judgment and decree dated 7/10/1999 passed by learned First Civil Judge Class-H Ashoknagar, District Guna (Balveer Singh v. Harchand and one another) decreeing the suit of plaintiff has been reversed and set aside.

(2.) Plaintiff-Balveer Singh filed a suit against the defendant-Harchand arraying State of Madhya Pradesh as defendant No. 2/proforma party and by praying to declare him the Bhumiswami of the agricultural land (hereinafter referred to as the 'suit land') as well as for deleting the name of defendant No. 1 in the revenue record as Bhumiswami with a further prayer that his name be mutated and further for grant of decree of injunction that defendant No.-1 Harchand may not interfere in his possession.

(3.) According to the plaint averments, the plaintiff is the Bhumiswami of the suit land and his name was mutated in the revenue record. A Bhu Adhikar Pustika (statutory document) has also been provided to him. According to the plaintiff he is possessing the suit property. In para 2 of his plaint, the plaintiff has pleaded the source of his title and according to him, vide registered sale deed dated 31/3/1979 he bought the suit property for a consideration of Rs. 7,000.00 from Arjun Singh and Maharaj Singh. On the date of sale plaintiff was minor and the suit property was purchased by him through his father Jot Singh under his guardianship, and since, from the date of sale the plaintiff is possessing the suit property.