Decided on September 06,2005

Bodhan Prasad Appellant


SUNIL KUMAR SINHA,J. - (1.) The appellants/plaintiffs, who have lost in both the Courts, have filed this second appeal being aggrieved with the judgment and decree dated 11-12-2003 passed in Civil Appeal No. 29-A/2003 by the IInd Additional District Judge (F.T.C.), Bemetara, District Durg, arising out of judgment and decree dated 14-1-1999 passed in Civil Suit No. 12-A/1987 by the Civil Judge, Class-I, Bemetara, District Durg (C.G.).
(2.) The brief facts are that the plaintiffs had filed a suit for declaration that the order passed in Revenue (Ceiling) Case No. 167-169-B/90 (3) years 1975-76 on 22-6-1982 by the Competent Authority be declared void and inoperative against them. It was further prayed that the plaintiffs be declared the owners of the entire suit land, comprising of 19.95 acres except the land admeasuring 4.87 acres described in Schedule 'A' of the plaint. They further claimed permanent injunction restraining the defendant/State from distributing the surplus land to the other person, as declared by the aforesaid order, and have also prayed for return of possession of these lands.
(3.) The case of the plaintiffs is that they are the joint owners of the suit lands. Plaintiff No, 1, Bodhan Prasad is the Karta of the family. A proceedings under the M.P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the Act) was drawn against them by the Additional Commissioner, Raipur Division, Raipur vide the aforesaid ceiling case and the subject matter of the case was the entire property held by this family admeasuring 351 acres. An order dated 6-8-1976 was passed in this case and out of aforementioned area of 351 acres, 69.80 acres were declared to be surplus and directed to be vested in the State. The plaintiffs filed and appeal against the said order before the Board of Revenue, Gwalior and by order dated 4-10-1978 passed by the Board of Revenue, the matter was remanded back to the Court of Additional Commissioner, Raipur. The Additional Commissioner, Raipur again heard the matter after the aforesaid remanded order and by order dated 9-11-1979 held that instead of 69.80 acres, 28.95 acres are surplus lands and the same shall be vested in the State. Thereafter, objections were filed by the wife of the plaintiff No. 1 and the plaintiff No. 1 but the objections were rejected. Against this order of rejection, the plaintiff No. 1 again filed an appeal before the Board of Revenue and ultimately vide order dated 28-5-1981, the Board of Revenue again set aside the order passed by the Additional Commissioner and the matter was again remanded back to the Additional Commissioner, Raipur and thereafter the Additional Commissioner, Raipur passed an order dated 22-6-1982 and further reduced the quantity of surplus land of 28.95 acres to 19.95 acres excluding 9 acres land from them and ultimately, this 19.95 acres of land was declared as surplus land and was finally directed to be vested to the State for which a final publication was ordered. The plaintiffs filed this civil suit on the pretext that in fact, the order of the Additional Commissioner regarding declaration of 19.95 acres as surplus is not in accordance with law as there are many mistakes in the entries of Revenue records regarding area of various Khasra number shown to be possessed by the family of the plaintiffs. Pointing out some errors in revenue records, the plaintiffs claimed that in fact, instead of 19.95 acres land, the Additional Commissioner should have declared only 4.87 acres of land to be the surplus land for vesting with the State, therefore, the order passed by the Additional Commissioner on 22-6-1982 in Revenue (Ceiling) Case No. 167- 169-B/90 (3) years 1975-76 is incorrect and the same should be declared void and inoperative and the plaintiffs be declared the owners of the suit land of 19.95 acres excluding the land admeasuring 4.87 acres and after this declaration, possession of the land be handed over to them.;

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