KALLU S/O DEHRU Vs. JABALPUR DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India for a direction to the respondents that they would not interfere with the possession of the petitioner on the lands in dispute.

(2.) THE petitioner was Bhumiswami of Khasra Nos. 251 and 252/1 area acres in Gohalpur, District Jabalpur. This land was acquired by the Improvement Trust, Jabalpur on 26 -1 -1968 for its scheme No. 3 under section 71(2) of the M.P. Town Improvement Trust Act, 1960. The physical possession of the land was taken on 8 -7 -1970. An amount of Rs. 9,000/ - was assessed as compensation by the Tribunal but the petitioner did not accept the same. The Improvement Trust, Jabalpur was succeeded by respondent No. 1 Jabalpur Development Authority. The petitioner sold portions of the land mentioned above to Sitaram Soni and three other persons by registered sale -deeds dated 21 -10 -1974 and 10 -11 -1975.

(3.) THE case of the respondents is that the alleged letter dated 28 -6 -1990 (Annexure P -3) is forged. It was never issued by the respondent No. 1. However, it is admitted that such release letters were issued in the year 1983 in favour of some persons who had filed M.P. No. 353 of 1990.