JUDGEMENT
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(1.)THIS appeal is filed by the defendant/state challenging judgment and decree dated 21-12-1995 passed by First Additional District Judge, Bhind in Civil Appeal No. 9-A/92 whereby the Additional District Judge has reversed the judgment and decree dated 21-3-1986 passed by Civil Judge, Class I, Mehgaon, District Bhind in Civil Suit No. 22-A/1984.
(2.)THE brief facts of the case are that the respondent/plaintiff had filed a suit for declaration of title and injunction alleging that he is owner of land bearing Survey Nos. 1068/1, 2069/1 and 2070/2 situated in Village Soudha, Tehsil Mehgaon, District Bhind. It is alleged that the said Village was a Zamindari Village and the plaintiff was in possession of the said land prior to coming into force of the Madhya Bharat Zamindari Abolition Act which came into force on 25th June, 1951.
(3.)IT is alleged that the plaintiff was the Ex-Zamindar of the said Village and the land in question was his Khudkasht land and, therefore, said land does not vest in the State Government after coming into force of M. B. Zamindari Abolition Act as per Section 4 (2) of the said Act. The suit is dismissed by two Courts below.
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