HARGOVIND Vs. MAKHANI DEVI

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff under Section 100 of Civil Procedure Code being aggrieved of judgment and decree dated 25.01.2018 passed by the Court of V Additional District Judge, Bhind in Civil Appeal No.122/2016 conforming judgment and decree passed by the Court of IV Civil Judge, Class II, Bhind in Civil Suit No.174A/2014 dated 29.10.2015.

(2.) Brief facts leading to the present Second Appeal are that plaintiff/appellant had filed a suit in regard to land contained in Survey No.449 measuring 0.115, Survey No.462 measuring 2 Bigha 15 Biswa and land contained in Survey Nos.483, 484, 485, 487 measuring 3 Bigha 5 Biswa seeking declaration of ownership, permanent injunction and correction in the revenue records.

(3.) It is submitted by learned counsel for the appellant that the land in question belongs to one Pandit Pandmakar Ojha, who was a Zamindar and father of the appellant namely Shri Ramnath was a Mourushi Krishak and his name was recorded in Khasra for Samvat 2007. After abolition of Zamindari and coming into force of M.P. Land Revenue Code, 1959 (hereinafter shall be referred to as the MPLRC) name of his father Ramnath was recorded in Revenue records and after death of his father, plaintiff is owner and possessor of such agricultural land. It is also submitted that after Bandobast, new Survey numbers were given namely; 379, 564 and 570. Out of total land, land contained in Survey No.449 measuring 0.115 Bigha and in Survey No.462 measuring 2 Bigha 9 Biswa was vested in Railways and only 0.06 Biswa land was left. It is mentioned that his father Ramnath was owner and possessor of land contained in new Survey No.570 and after his death plaintiff and defendant No.6 are performing agricultural operations being owner and possessor of such land. It is submitted that land contained in Survey No.564 is 0.06 Biswa and one contained in Survey No.570 is 0.68 Biswa.