Madhya Pradesh High Court
Ram Khelawan & Ors. vs Daddi Ram & Anr. on 17 July, 2025
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
NEUTRAL CITATION NO. 2025:MPHC-JBP:32116
1 SA-1676-2005
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 17 th OF JULY, 2025
SECOND APPEAL No. 1676 of 2005
RAM KHELAWAN & ORS.
Versus
DADDI RAM & ANR.
Appearance:
Shri A.P. Singh and Shri Varun Dubey - Advocate for the appellants.
Shri Ramji Pandey - Govt. Adv. for the State/respondent 2.
ORDER
This second appeal has been preferred by the appellants/plaintiffs challenging the judgment and decree dated 11.03.2005 passed by 1st Addl. District Judge, Sidhi, in regular civil appeal no.2A/1999 affirming the judgment and decree dated 10.11.1998 passed by 2nd Civil Judge Class-I, Sidhi, in civil suit no.15A/94 whereby Courts below have concurrently dismissed the appellants/plaintiffs' suit for declaration of title, restoration of possession and permanent injunction in respect of the suit land.
2. Learned counsel for the appellants/plaintiffs submits that the suit land is Nistar land of the plaintiffs' village and respondent 1/defendant on the basis of alleged Patta got recorded his name on the suit land in the revenue papers of the year 1972-73. He further submits that although the entry made on the basis of Patta, was challenged by filing appeal, but the same was dismissed and when second appeal was also dismissed in April,1987, the suit was filed in the month of July, 1987 seeking declaration to the effect that the suit land is Government Nistar land, but Courts below without taking into consideration the entire material available on record and rights of the plaintiffs over the Government land, Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 17-07-2025 19:12:34 NEUTRAL CITATION NO. 2025:MPHC-JBP:32116 2 SA-1676-2005 committed an illegality in dismissing the suit. With these submissions, he prays for admission of the second appeal.
3. Learned counsel appearing for the respondent 2/State supports the impugned judgment and decree passed by Courts below and prays for dismissal of the second appeal.
4. Heard learned counsel for the parties and perused the record.
5. Both the Courts below have upon due consideration of oral and documentary evidence available on record, held that the land in question was granted on Patta to the respondent/defendant 1 and on that basis he is in possession. It is also held by Courts below the suit land is not Nistar land of the village and there is no illegality in granting Patta by the State Government in favour of the respondent 1.
6. In view of the aforesaid discussion and upon due consideration of the entire material available on record, this Court does not find any illegality in the concurrent judgment and decree passed by Courts below.
7. Resultantly, in absence of substantial question of law, this second appeal fails and is hereby dismissed.
8. Pending application(s), if any, shall also stand disposed of.
(DWARKA DHISH BANSAL) JUDGE pb Signature Not Verified Signed by: PRASHANT BAGJILEWALE Signing time: 17-07-2025 19:12:34