R.BANUMATHI,J. - (1.) This appeal arises out of the judgment dated 05.02.2007 passed by the High Court of Madhya Pradesh at Jabalpur dismissing the Second Appeal No. 174 of 1989 filed by the appellants, thereby affirming the decision of the first Appellate Court in Civil Appeal No. 29-A/85 holding that in the absence of any order of abandonment or revocation of the patta given to the forefathers of the respondents-plaintiffs, grant of patta in favour of the appellants/defendants was illegal and that the appellants-defendants cannot claim any right over the suit properties.
(2.) Case of Respondents-plaintiffs is as under:- Respondents-Shiv Nath and deceased Vishwanath/predecessor in interest of respondents No.2 to 10 filed a suit for declaration of title over the suit lands in khasra numbers 41-1.39, 131-2.70,162-0.17, 163-3.92 and 164-2.15 Kita 5 total area 10.33 situated in Village Bairath General No.782, Tehsil Gopad Banas and possession of all the khasra numbers except khasra No.164 against the father of the appellants-Hanuman Din. Ram Sahai and Rameshwar - fathers of the plaintiffs were the joint lessees of the lands in khasra Nos. 41, 131, 132, 136/13, 135, 134/4, 137/27, 140/11, 142/2, 143, 146, 147, 162, 163/25, 164/4 and 257 total measuring 21.45 acres and their names were included as 'lessees' of the above lands during the settlement and they kept on cultivating the lands till forty years back when a partition took place between the two and both of them became owners of half part each. Hanuman Din never remained in possession of any part of the lands nor he had any right or entitlement over the suit lands; but the grandfather of the appellants-Gaya Din got a lease in disputed lands of the respondents which according to the respondents is a forged document. Based on the aforesaid lease, Gaya Din got his name entered as khatedar in respect of the khataunis of the disputed lands.
(3.) Respondent-deceased Vishwanath-predecessor-in-interest of respondents No.2 to 10 filed an application before the Collector in August, 1969 stating that the lease of the disputed lands was wrongly issued by illaqedar in the name of Gaya Din and the proceedings for cancellation of the records in the name of Gaya Din be initiated. The matter was sent to the Revenue Inspector for enquiry who submitted his report in favour of respondents in respect of the ownership of the lands in dispute and the Collector registered the report after approving it. In proceedings before the Sub-Divisional Magistrate in Miscellaneous Case No. 351/142/69 under Section 145 Cr.P.C. initiated by Hanuman Din, the Sub-Divisional Magistrate found Hanuman Din in possession of lands in khasra Nos.162 and 163 and respondents were found in possession of land in khasra No. 164. Respondents-plaintiffs alleged that pursuant to the order of the Sub-Divisional Magistrate, Hanuman Din forcibly took possession of land in khasra No. 41 and therefore, the respondents filed suit for declaration and permanent injunction.;