BAHOR SINGH Vs. DEVI

JUDGEMENT

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

(2.) Before adjudicating upon the questions of law, facts giving rise to this appeal are necessary : The plaintiff-appellant has filed a civil suit that the suit land bearing Survey No. 18, having an area of 1.872 hectares situated in village Padrat. Tehsil and District Vidisha is held by him as Bhumiswami. The plaintiff pleaded that the suit land originally belonged to his father Karan Singh and cousin Veersingh. The plaintiff is using this land continuously for grazing his cattle. The suit land can be used by the plaintiff only for agricultural purpose. The plaintiff's ancestors were holding the suit land on Zamindari and after the abolition of Zamindari under the Madhya Bharat Zamindari Abolition Act, the suit land was recorded as Khudkasht. The land was partitioned prior to abolition of Zamindari. After partition, the suit land had fallen in the share of the plaintiff. Two years prior to filing of the suit, the plaintiff has cultivated over two Bigha of the suit land and harvested the crop. Defendant No. 2-State of Madhya Pradesh without inviting any objection or proclamation allotted the suit land to village Chowkidar on lease. This lease is of service land. The plaintiff also claimed his title through adverse possession,

(3.) The defendant No. 2-State of Madhya Pradesh was proceeded exparte in the trial Court. However, defendant No. 2 Devi filed his written statement and denied the claim of the plaintiff and pleaded that any share of the Government land in partition will not confer any right, title or interest to the plaintiff. The Government after following rules has allotted lease of the suit land to the ex-Chowkidar.