- (1.) This appeal is directed against the judgment and order dated 11.5.2004 passed by a Division Bench of the Madhya Pradesh High Court in First Appeal No. 8 of 1988 dismissing the appeal preferred from a judgment and decree dated 23.11.1987 passed by the Additional District Judge, Hoshangabad in C.S. No. 12-A of 1986 dismissing the suit filed by the appellant herein.
(2.) The basic fact of the matter which is not in dispute is that the suit property was put in auction in or about 1859 by the ancestors of Rai Baldev Bux and Gaurabai i.e. one Ramjanaki Prasad. They, thus, became the owners of the said land, and all remained in possession thereof till their death. On or about 24.3.1986, the said land was purchased by Late Fateh Chand from Rai Baldev Bux and Gaurabai. He died in or about the year 1920. His wife, Smt. Putari Sethani, being his sole heir became the owner of the said land. She expired on 8.5.1961. It is not in dispute that she did not have any issue and the plaintiff Narain Prasad Aggarwal and defendant No. 2 Guruprasad Agarwal inherited the said property as her heirs being sons of Hira Lal, the brother of late Fateh Chand.
(3.) It appears from the records that a proceeding was initiated by the said Putari Sethani in connection with proceeding for assessment of enhancement of lease rent by the then Collector of Hoshangabad. An order was passed against her. The matter was taken to the Court of Commissioner of Settlements in an appeal against the order of the Collector. The said authority by an order dated 30.10.1922 passed in C.P. No. 2454/1 held : "Mt. Putari Sethani appeals against the orders of the Assistant Settlement Officer, Nazual, Hoshangabad in respect of the following plots in that town. Nos. 207/18, 87/21. 70/21, 108/21. All assessed as "riths" by the Assistant Settlement Officer. This assessment had already been cancelled in general revision order dated the 14th October, 1921 recorded on the spot. 11/7 Assessed as a Sitaphal Bari, the fruits of this bari are sold, as admitted. It was muaf when held by a Mohammadan who looked after the tomb in it. As 30 years ago it came in to applicant s possession by mortgage, and she is a Hindu she obviously has no right to hold muaf. The assessment order of the Assistant Settlement Officer is upheld. No. 3/44 area 12.11 old rent Rs. 52-6-5 New rentRs. 60-8-0 1/60 do- 6,26 Old rent Rs. 24-0-0 New rent Rs. 31-4-0 These are bungalow sites. In his letter No. 551-A, dated the 15th April 1920, the Commissioner, Narbudda Division distinctly ordered that these plots for which no leases existed by considered as held on permanent lease in accordance with the Deputy Commissioner s proposals contained in his letter No. 290, dated the 24th March, 1920. The Assistant Settlement Officer Nazul has no right to enhance the rent, for in the leases executed in compliance with the Commissioner s orders, a term of 30 years, with effect from the 1st April 1899 was entered. As laid down by the Hoshangabad Nazul Resolution, the term of these leases should have been extended, so as to expire with the term of the new Settlement and the rent left unaltered. The Assessment order of the Assistant Settlement Officer is therefore reversed and the old rents of these plots will be recorded in the Khasra. Deputy Commissioner will kindly have this done. Sd/- G.G.C. Trench Commissioner of Settlements Central Provinces 19.10.1922" The said order was marked as Exhibit P-3 in the suit.;