SPECIAL AREA DEVELOPMENT AUTHORITY Vs. HARWANSH KAUR

JUDGEMENT

(1.) Shri M.P.S.Raghuwanshi, learned counsel for the petitioner.

(2.) Brief facts of the case are that plaintiff/appellant filed a suit for declaration and permanent injunction mentioning therein that the Special Area Development Authority (hereafter shall be referred to as 'SADA') is an undertaking of the Government of M.P. and land contained in survey No.18/1 (old, new No.11) measuring 7 Bigha 9 Biswa and of old survey No.19, new number 12, measuring 2 Bigha 14 Biswa, totaling 10 Bigha 3 Biswa situated at village Milawali, Pargana and District Gwalior is Government land and respondent No.3/Collector vide order dated 31.8.2001 allotted the land to the appellant on permanent lease. It was alleged that since the order dated 31.8.2001 was passed in favour of the appellant, therefore, on the basis of lease deed, the appellant is in occupation and possession of the land. It is alleged that respondents No.1 and 2 had filed a suit in the Court of 2nd Civil Judge, Class II, Gwalior, for declaration and injunction which was allowed. Vide judgment dated 17.11.2005 passed in civil suit No.38-A/2005 a decree was passed in favour of respondents No.1 and 2 wherein respondents No.1 and 2 were declared as Bhumi Swami of the land. At that time, the land was of the ownership of one Dilip Singh and after his death the land now belongs to respondents No.1 and 2 on the strength of such judgment.

(3.) It is averred that in that suit since SADA was not a party, therefore, decree passed in favour of respondents No.1 and 2 is not binding on the appellant. It is also alleged that since Dilip Singh was never in occupation of the land, therefore, decree passed in favour of respondents No.1 and 2 is void and appellant is in continuous occupation and possession of the land and respondents No.1 and 2 were never in occupation of the land. It is further submitted that the suit filed by the appellant be allowed and decree dated 17.5.2005 be declared as null and void.