Madhya Pradesh High Court
Viloba vs The State Of Madhya Pradesh on 20 April, 2015
1
S. A. No.2754-05.
20.4.2015.
Smt. Smita Arora , learned counsel for the appellant. Heard on the question of admission.
Appellants/ defendants have filed this appeal against the judgment and decree passed by the First Appellate Court. The First Appellate Court affirmed the judgment and decree passed by the trial Court.
The plaintiff filed a suit for declaration and permanent injunction. It is pleaded that he be declared the Bhoomiswami of the land and decree of permanent injunction be also passed in favour of the plaintiff. It is further pleaded that he was in possession of the land since before abolition of Jagirs. The land was alloted to him by the then Malgujar. Because he was in possession on the land. He had acquired the right of Marushi Krishak and thereafter he became Bhoomiswami.
Both the Courts below have held that the plaintiff was the Kotwar. The land was service land, it was alloted to him on account of service being Kotwar in accordance with the provisions of MPLRC 1959. The Courts further held that plaintiff had not produced any evidence that he was in possession on the land at the time of 1951 or prior to coming into force MPLRC 1959. The findings are findings of facts. Both the Court have found that the land which was alloted to plaintiff was service land. In such circumstances, in my opinion the trial Court has rightly dismissed the suit filed by the plaintiff.
2Counsel for the appellant relied on a judgment of this Court in the matter of Sabal Singh Vs. Stare of M. P. and others, 2013 (2) MPLJ 664 however, the facts of the present case are Different. In the present case the plaintiff came in possession on the land on account of his service as Kotwar and the land is service land.
In my opinion no substantial question of law for determination is involved in this appeal, it is hereby dismissed.
(S. K. Gangele) Judge kkc