RAJENDRA SINGH Vs. KISHAN SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 4.12.1989 in Civil Appeal No. 4A/1987 by I Additional District Judge, Raisen affirming the judgment and decree dated 21.2.1986 in Civil Suit No. 39A/1982 by Civil Judge, Class II, Raisen dismissing the suit for declaration and permanent injunction of the plaintiff-appellant.

(2.) THE case of the plaintiff-appellant was that his father was resident of Border Province of Village Bhawalpur in the then State of Punjab & Sind before independence. After partition of the country into India and Pakistan in the year 1947, the plaintiffs father defendant No. 2 Arjun Singh came to India and he was settled in the erstwhile State of Bhopal along with other displaced persons. He was assured by the Government of India that he would be given agricultural land and would also get assistance for the construction of house. The defendant No. 2 Arjun- Singh informed his son, the plaintiff-appellant, that he occupied agricultural land, bearing Khasra No. 486 area 10.0 acres situated at village Shahpur, Tehsil and District Raisen with the permission of Government Officers. The defendant No. 2 Arjun Singh and his family members, with great labour and expenditure converted the said land into agricultural land. They also constructed two houses and two cattle-sheds thereon. The plaintiffs father - defendant No. 2 Arjun Singh, alongwith his family started residing in the said houses and also started cultivating the land. The plaintiff-appellant also helped his father in the cultivation of the disputed land. The defendant No. 2 Arjun Singh constantly made efforts to obtain the Patta of the suit-land, but though the Government officers assured that they would be granting Patta, but Patta was never granted to the defendant No. 2 Arjun Singh. In the year 1976-77, the revenue officers started a case of encroachment and the Naib-Tahsildar, Raisen in that case ordered removal of the defendant No. 2 Arjun Singh from the said land and imposed fine on him. The appeal preferred by the defendant No. 2 before the SDO, Raisen was also dismissed. In the second appeal preferred before the Commissioner, the matter was remanded back for fresh hearing. The defendant No. 2 came to know that the Patta of the suit-land had been granted in favour of respondent-defendant No. 1 Kishan Singh. It was averred by the plaintiff- appellant that no notice to defendant No. 2 was given before the grant of Patta to the defendant No. 1. Therefore, the grant of Patta of the suit-land in favour of the defendant No. 1 Kishan Singh was illegal and does not affect the rights of the plaintiff-appellant and defendant No. 2.

(3.) THE defendant No. 1 resisted the suit and denied the title of the plaintiff- appellant on the suit-land. According to the defendant No. 1, on 22.1.1969, the Patta of the suit-land was granted in his favour by the revenue authority. He is in possession of the suit-land thereafter. He has been paying the land revenue of the suit-land. The plaintiff had forcibly occupied the suit-land from which, he was removed by order dated 15.2.1979 of the S.D.O., Raisen. The defendant No. 1 averred that he was the Bhumiswami of the suit-land and that the plaintiff has no title over the same.