- (1.)This appeal is directed against the order dated 5.8.2004 passed by the High Court of Madhya Pradesh, Bench at Indore, in Second Appeal No.165- 166 of 1999, whereby the Second Appeal was allowed, the judgment and order passed by the Courts below have been set aside.
(2.)The facts of the case, which are common, lie in a narrow compass.
(3.)The land in dispute is an agricultural land, originally owned by Jagannath Singh. In a land ceiling proceedings initiated against Jagannath Singh, under M.P. Ceiling on Agricultural Land Holdings Act, 1960, land in question was declared as surplus land. Consequently, it vested in the State Government, who in turn allotted the land to the defendant-appellants some times in the year 1973, under the Bhumiswami Right, purported to be under Section 35 of the said Act.