BRIJENDRA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This second appeal has been preferred by appellant/plaintiff challenging the judgment and decree dtd. 7/10/2002 passed by Second Additional Judge to the Court of 1st Additional District Judge, Sidhi in civil appeal no.58-A/2002, confirming the judgment and decree dtd. 31/1/1995 passed by 2nd Civil Judge Class I, Sidhi in civil suit no.239-A/89 whereby, dismissing the suit of the appellant/plaintiff filed for declaration of title and for recovery of possession over the land in question as described in the plaint.

(2.) In short the facts are that, the plaintiff instituted a suit with the allegations that the disputed lands are ancestral lands of sir pawai of which, he is bhoomiswami. Grand father of plaintiff namely Kuber Prasad Agnihotri was Pawaidar of Rampur region of Rewa Riyasat which after death of Kuber Prasad was received by his sons namely Raghunandan Prasad, Maksudan Prasad and Chandrashekhar Prasad. Raghunandan Prasad died issue-less, who executed a Will with regard to his share. Maksudan Prasad is also dead and the plaintiff is his son whereas Chandrashekhar Prasad is alive. It is alleged that the plaintiff has filed this suit in the capacity of 'Karta Khandan'. On 14/6/1944, father of plaintiffs mortgaged the land with defendants 2-3's father Vishwanath in lieu of loan on condition to get back the land after repayment of mortgage amount of Rs.500.00 and on that basis, the defendants 2-3's father came in possession with effect from 14/6/1944 and after his death the land is in possession of defendants 2, 4 and 9.

(3.) It is alleged that Abolition of Jagirs and Land Reforms Act, 1952 (Vindhya Pradesh) (hereinafter referred to 'the Act of 1952") came into effect from 1/7/1953 and as per Sec. 20, an application for allotment was filed before Naib Tahsildar, Gopad Banas by which rest of the lands were allotted except the disputed land, which was not allotted on the premise that plaintiff was not in possession in the year 1950 to 1953. Thereafter, as per order of State Government, the Tahsildar, Gopad Banas vide its order dtd. 19/4/1962 allotted the disputed land in the name of plaintiff but in the appeal, Collector Sidhi, vide its order dtd. 22/9/1964 (Ex.P-9) cancelled the order of allotment but the name of plaintiff remained continued and possession of defendant 2 was recorded. Later on, the defendant-State's officials recorded the disputed land in the name of State by deleting the entry of the name of the plaintiff whereas, as per Sec. 22(1) of the Act of 1952 , fresh application for allotment was pending but as the land was recorded as Government land, therefore, SDO remanded the matter back. In the meantime, the defendant 2 alleging himself to be "Gair Haqdar Kashtkar" filed an application for grant of 'Patta' which was referred for decision to the Tahsildar Rampur, who vide order dtd. 31/7/1989 dismissed the application of both the parties with the further direction to get the title decided from the civil Court. On inter alia allegations the suit was filed.