STATE OF M P Vs. BABULAL MANGILAL

JUDGEMENT

(1.) THIS is an appeal filed by the State of Madhya Pradesh against the judgment and decree dated 19-7-1977 passed by the Additional district Judge, Shajapur in Civil Appeal No. 13-A/73 whereby the learned lower appellate Court has partly allowed the State's appeal and modified the judgment and decree dated 22-2-1973 passed by the Trial Court of Civil Judge, Class II, agar in Civil Suit No. 16-A of 1970.

(2.) THE facts giving rise to this appeal, briefly stated, are as follows : -The plaintiffs who are respondents Nos. 1 and 2 in this appeal, filed a suit for declaration that the order dated 15-11-1969 passed by the Revenue Authorities under the M. P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as 'the Act') was bad in law and was not binding on the plaintiff. The plaintiffs' case was that they purchased the lands in suit by a Registered Sale-deed dated 10th June, 1959 from defendant No. 2 (respondent No. 3) who was the manager of the joint Hindu family consisiting of himself and defendants Nos. 3 and 4 (i. e. respondents Nos. 4 and 5 ).

(3.) IN Ceiling Case No. 90/63-64 A-90 commenced against the defendants nos. 2, 3 and 4 (respondents Nos. 3, 4 and 5) before the Competent Authority (Sub-Divisional Officer, Agar), a draft statement showing the lands held in excess of the Ceiling limit was published, apparently under section 11 of the Act. The plaintiffs filed objection to the draft statement within time and submitted that the suit land had been purchased by them by a Registered Sale-deed dated 10th June, 1959 and the same could not be declared surplus but the Competent Authority while deciding the aforesaid Ceiling Case by order dated 15-11-1969 also rejected the objection of the plaintiffs.