SHANTI DEVI Vs. RAMCHARAN

JUDGEMENT

(1.) THIS appeal by plaintiff is directed against the judgment and decree dated 15/3/2005 rendered in Civil Appeal No.4 -A/2000 confirming the judgment and decree dated 3/12/1999 in Civil Suit No.28 -A/1997. Plaintiff/appellant's suit for declaration and permanent injunction has been dismissed. The subject matter of the suit consists of different parts of agricultural land in different survey numbers situated at Village Rampura Tahsil Seonda, description whereof is given in para 3 of the impugned Appellate Court's judgment and decree and the same shall be referred to as the suit property.

(2.) UNDISPUTEDLY , suit land originally was owned by Nathu, Moti and Gajai, who were brothers and are no more. The plaintiff/Shanti Devi is the daughter of Moti. As per the plaint allegations, in the year 1969 at the time of solemnization of plaintiff's marriage all the brothers, namely, Nathu, Moti and Gajai had gifted the suit property to her and had left the village and started living in Jhansi. Since then the plaintiff has been in possession of the suit land and doing cultivation thereupon through her husband -Ramrati. After marriage of the plaintiff, defendant No.1 -Ramcharan, who is the Samdhi of Nathu had won over Nathu and in collusion with the revenue authorities got his name recorded in the revenue records in Samvat 2020 in respect of suit land in the proceedings initiated under Sections 190, 110 of M.P. Land Revenue Code. It is further averred that on 1/4/1973 the Assistant Superintendent Land Record had unauthorizedly ordered for mutation in the name of defendant No.1 against which she filed an appeal before the Sub Divisional Officer, which was dismissed and thereafter appeal had been preferred before the Commissioner (Revenue), Gwalior Division and the said authority on 30/09/1975 held that the Assistant Superintendent Land Record had no jurisdiction to order for recording of the name of defendant No.1 in the suit land and remanded the case to the revenue court for decision afresh.

(3.) SECONDLY , she has submitted that on 25/1/1979 a Will was executed in her favour by all the three brothers, namely, Nathu, Moti and Gajai and accordingly, she acquired title over the suit land by virtue of the Will. Thirdly, she submitted that even otherwise since 1968 she being in possession of the suit land continuously, uninterruptedly and peacefully, she has acquired title of the suit land by adverse possession. As such, on these three counts the suit for declaration and permanent injunction has been filed.