CHAMAN LAL Vs. KRISHAN LAL

JUDGEMENT

(1.) THE challenge herein is to the judgment and decree dated 23.4.2002 passed by learned District Judge, Bilaspur in civil appeal No.105 of 2000 whereby the appeal has been dismissed and the judgment and decree dated 31.10.2000 passed by learned Sub Judge, Bilaspur in civil suit No.145/1 of 2000/97 is affirmed.

(2.) ADMITTEDLY , a piece of land measuring 2 biswas entered in Khewat No.148 min, Khatauni No.162 min bearing Khasra No.372/345/2 situated in village Noa, Tehsil Sadar, District Bilaspur belonging to the State Government was granted to deceased plaintiff Krishan Lal, Predecessor- in-interest of respondents No.1(a) to 1(e) under Gandhi Kuteer Yojna for construction of a shed to start business on the recommendation of Block Development Officer, Bilaspur. As per rapat rojnamcha, dated 21st March, 1997, Ex.PW-2/A, the possession thereof was delivered to deceased Krishan Lal in the presence of S/Shri Lekh Ram, former Pradhan, Gram Panchayat, Sunder Ram and Brahma Nand after demarcation given on the spot. He had not constructed any shed thereon and in the meanwhile, the appellants and respondents No.2 to 9 (hereinafter referred to as 'the defendants') allegedly started causing interference in the suit land. They also made a complaint to respondents No.11 and 12, the defendants in the trial Court to the effect that deceased plaintiff was living with his father who had sufficient ancestral land and the deceased had also share therein and, as such, neither he belong to a family living below poverty line nor entitled to the grant of land under Gandhi Kuteer Yojna. Also that deceased Krishan Lal had obtained the grant of land fraudulently by mis-representing the facts. The defendants also raised the plea of exchange of their land with government land and submitted that the suit land is part of the government land so ordered to be exchanged by the competent authority vide order dated 4.4.1985, Ex.D-H on the recommendations of Revenue Agencies vide report Ex.D-G, on their application Ex.D-F.

(3.) THE plaintiff besides his own statement, has examined Shri Roshan Lal, Patwari, Patwar Circle, Bharoli Kalan, Tehsil Sadar, District Bilaspur and proved rapat Rojnamcha Ex.PW-2/A. The defendants, on the other hand, have examined Shri Hukam Chand, defendant No.2, who while supporting the case as set out in the written statement has also tendered the revenue record Ex.D-A to Ex.D-W to prove that the father of deceased plaintiff, Krishan Lal had sufficient ancestral landed property with him and also that the suit land is part of the land which came to them in exchange of their land with the government land.