SAMPATLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have filed the present appeal challenging the judgment and decree dated 14/01/2015, passed in Civil Regular Appeal No.8-A/2007 by the learned Additional District Judge, Circuit Court, Bhanpura, District - Mandsaur, by which the judgment and decree dated 7/04/2007, passed in C.O.S. No.1-A/2000, by the learned Civil Judge, Class-II, Bhanpura, District - Mandsaur has been affirmed and the suit of the appellants for declaration and permanent injunction has been dismissed. Hence, the appellants have preferred the present appeal.

(2.) The appellants have filed the suit for declaration of title and permanent injunction with regard to agricultural land situated at Survey No.12, area 3.294 hectares at village Lotkhedi, Tehsil - Bhanpura, District - Mandsaur.

(3.) In the paint, the appellants have stated that the aforesaid land was granted to the priest of the temple of Lord Shri Baijnatheswar Mandir by the erstwhile Holkar State as a Inam Land to the ancestors of the defendant no.3 Trilokchand. That, in the plaint, as per Section 35 of Inam Enquiry Rules, an Inam Certificate was granted to the ancestors of defendant no.3. Around 60 years back, from the date of institution of the suit, the land was handed over to the father of the plaintiff of the appellant namely Ramsukh Bhatnagar for cultivation by the ancestors of the defendant no.3 on the condition of payment of Revenue Tax. It is further stated that Late Ramsukh Bhatnagar, by putting a lot of toil and labour, has made the land cultivable. After the death of Late Shri Ramsukhji, the plaintiff/appellant(s) remained in possession of the land and continuously paid the tax of the land. It has further been stated in the plaint that, after enforcement of MPLRC the appellants/ plaintiffs had obtained Bhumiswami rights in the aforesaid land.