RAM BABU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is admitted on following substantial questions of law :

(2.) I proceed to deal with first question of law. First question of law relates whether the rights of appellants were protected over the suit lands under Section 5 of Madhya Bharat Zamindari Abolition Act (hereinafter referred to as the 'act' ). Section 5 of the Act is reproduced below :-

(3.) THE plaintiffs have filed a suit specifically claiming therein that the plaintiffs are ex-zamindar. The father of plaintiffs died in Samvat 2006. They are in occuption of zamindari land under the guardianship of their mother. The plaintiffs claimed that the suit lands pleaded in para 3 of the plaint are in possession of the plaintiffs. The plaintiffs acquired rights of Pucca Krishak on the abolition of Zamindari Act. The plaintiffs claimed that survey Nos. 1702, 52/2 and 4/2 in Samvat 2006 have been renumbered as survey Nos. 18 and 73, respectively, and these lands have been recorded in the name of mother of plaintiff No. 2. It was pleaded that in survey No. 96 there exists a private well and fruit-bearing trees. Learned counsel pleaded that since fruit-bearing trees and well is existing on the land, the plaintiffs have acquired rights over the property under Section 5 of the Act. The trial Court held that the plaintiffs have not acquired rights of Pucca Krishak after abolition of Zamindari. Since the lands were recorded as 'chamoi', Tadat-Kadim', therefore, the lands have vested in the State. The plaintiffs have failed to prove their title by adverse possession.