Madhya Pradesh High Court
Rajendra Singh vs Bablu on 12 August, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:18739
1 SA-43-2011
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 12th OF AUGUST, 2025
SECOND APPEAL No. 43 of 2011
RAJENDRA SINGH
Versus
BABLU AND OTHERS
Appearance:
Shri Rajmani Bansal, Advocate for the appellant.
Shri Madhur Bhargava, Advocate for respondent No.1
Shri S.S. Kushwaha, Government Advocate for respondents/State.
JUDGMENT
This second appeal, under Section 100 of CPC, has been filed against the judgment and decree dated 01-12-2010 passed by Additional Judge to the Court of VI Additional District Judge (FTC), Bhind in Civil Appeal No. 23/2010, as well as, judgment and decree dated 31-08-2010 passed by II Additional Civil Judge Class-II, Bhind in Civil Suit No. 55A/09.
2. Appellant is plaintiff who has lost his case from both the Courts below.
3. Plaintiff had filed an interpleader suit for demolition of house constructed by defendant No. 1, as well as, for declaration that the land belongs to Gram Panchayat, Nayagaon as well as State of Madhya Pradesh and also for permanent injunction. It was the case of plaintiff/appellant that on the southern side of girls school in Khasra No. 1146, a primary school is Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 2 SA-43-2011 situated. Thereafter, a land admeasuring 20 x 50 feet is Abadi land lying vacant, which belongs to the State Government and is also for the use of Primary School, Nayagaon. Besides girls School, a toilet of primary school was also constructed, but defendant No. 1 after demolishing the said toilet has constructed a room admeasuring 10 x 8 square feet and on 10-2-2009 has also laid a foundation for construction of 4 rooms over the said land admeasuring 20 x 50 square feet situated on backside of primary school and has also started raising construction. It was pleaded that complaints were made to Pradhanacharya and Sarpanch of the Gram Panchayat but neither any complaint was made by them to Collector, Bhind nor did they make any effort to stop defendant No. 1 from raising construction. It was alleged that defendant No. 1, in connivance with the Panchayat Secretary, Nayagaon, is raising construction over the Government land. It was pleaded that plaintiff is a responsible citizen of Nayagaon and, accordingly, he has filed an interpleader suit for demolition of construction raised by defendant No. 1 as well as for declaration that the land in dispute belongs to Gram Panchayat, Nayagaon as well as the State Government and the possession of the said land be restored back to defendant Nos. 2 and 3.
4. Defendant No. 1 filed his written statement and denied that the land belonging to the Gram Panchayat is situated by the side of primary school. It was pleaded that there was no toilet of the primary school. The ancestral house of defendant No. 1 was situated there and in place of said Kaccha house, defendant No. 1 has raised a pucca construction and after completing the construction of his house is residing in the same. The plaintiff has no Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 3 SA-43-2011 right to dispute the title of defendant. The suit does not fall within the purview of interpleader suit. Defendant No. 1 has not raised any construction over any Government land. In special plea it was contended that interpleader suit should have been filed by multiple persons and not by a single person.
5. Defendant No. 2 filed its written statement and also denied the plaint allegations and pleaded that defendant No. 1 has not encroached upon the Government land.
6. The trial Court after framing issues and recording evidence dismissed the suit.
7. Being aggrieved by the judgment and decree passed by the trial Court, appellant preferred an appeal, which too has been dismissed by the appellate Court.
8. The appeal being arguable is admitted on the following substantial question of law.
"Whether the Courts below failed to see that the disputed property has been constructed over Government land and whether defendant No. 1 has failed to proved his title over the land in dispute or not ?"
9. Since all the parties are represented by their counsel, therefore, matter is heard finally.
10. The trial court in paragraph 9 of its judgment has held that Khasra No. 1146 is an Abadi land. The trial Court has also relied upon the Commissioner's report (Ex. P/1) to hold that the entire Abadi land of Khasra No. 1146 is vacant and there is no construction. However, the said finding is contrary to the material available on record. It appears that an application Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 4 SA-43-2011 under Order 26 Rule 9 CPC was filed which was allowed by the trial Court by order dated 09-07-2009 and accordingly a local commissioner was appointed to submit the report on the following two issues:
(1) Present position of primary school in Khasra No. 1146, and; (2) Whether any building has been constructed near primary school on the said Abadi land ?
11. The demarcation report dated 18-08-2009 is Ex.P-1 which reads as under.
कायालय राज व िनर क वृत ऊमर तहसील
./पू/रा.िन./04/2009 दनांक-18-08-09
ित,
ीमान अपर तहसीलदार महो.
राज व वृत -ऊमर
वषय- मूल यवहार वाद 0. 18/ए/09 ई. द . राजे िसंह व बबलू आ द म किम र िनयु कर ितवेदन यायालय म तुत करने बावत ्।
संदभ- ीमान के ारा मूल-प पर पृ ां कत आदे श दनांक 07-08-09 के पालन म।
उपरो संदिभत प के पालन म पटवार मौजा लहरोली को साथ लेकर वाद एवं ितवाद को सूचना दे कर मौके पर थल िनर ण कया गया। थल िनर ण के ब द ू िन न कार ह।
1. सव मांक 1148, 1149,1150 को 'ए' थायी पोइ ट मानकर जर ब से सीमांकन कर ववा दत सव मांक 1146 क सीमा िनकाली गई। ववा दत सव मांक 11146 रकवा 16.40 ह पटवार रकॉड म आवाद दज है ।
2. इसी सव◌् मांक 1146 आवाद म उ र क ओर शा0क या0 ा0 व0 एवं आंगन बाड के प म क ओर ाम वराज भवन एवं पूरब क ओर शा. क या व ालय ा0 का अित र क एवं उसके बगल म द ण क ओर ले न बनी है । इसी सव मांक म पूरब से प म क ओर ख डे क सडक बनी है ।
3. ख डे क सडक से पूरब और द ण के कोने पर रसोई घर बनी है जसका दरवाजा प म दशा म है । रसोई घर के द ण दशा क ओर इसी सव मांक 1146 म वाटरसेड का एक कमरा बना है । वाटरशेड के कमरा के प म दशा मे शा0 ा0 बालक व ालय बना है । जो नजर न शा म दशाया गया है । मा0 ा0 व0 के प म दशा म पशू िच क सालय का कमरा बना है ।
4. सव मांक 1146 रकवा 16.40 ह वतमान पटवार रकाड म आवाद दज है । इसी सव मांक Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 5 SA-43-2011 म ितवाद बबलू पु नाथु िसंह जाित -ठाकुर िन0 नयागॉंव ने शा0 ा0 व ालय और वाटर शेड के कमरा के द ण दशा म 13 मी0 चौडाई म 12 मी0 ल बाई म मकान बना िलया है । मकान म तीन कमरे आंगन एवं नींव भरकर कुछ खुली भूिम है ।
5. ितवाद के मकान के बाद, वाद राजे िसंह पु रं जीत िसंह जाित ठा. िन0 नयागॉंव इसी सव मांक 1146 म 10-1/2x8 मी0 पर क जा करके कूरा डालते ह। जसको नजर न शा म दशाया गया है ।
6. पूरब दशा म सडक के बाद एक तलैया है । उसम पानी भरा है । उसके बाद हाई कूल क ब डं ग बनी है । एवं हाई कूल के ब डं ग के पी द ण दशा म राम जानक का मं दर बना है ।
7. ववा दत सव मांक 1146 के उ र दशा म भूिम वामी व व के सव मांक है । शेष तीन दशाओं म ाम आवाद थत है । जो नजर न शा म दशाया गया है ।
अत: जॉंच ितवेदन सादर ीमान क ओर े षत है ।
संल न 18-08-2009
1. पंचनामा। रा0िन0वृत
2. नजर न शा। ऊमर
3. मूल द तावेज-प । (01 लगायत 07 तक)
4. वाद ितवाद , एवं
ाम पंचायत सरपंच को सूचना-प ।
12. From a plain reading of the demarcation report, it is clear that defendant has constructed his house over Survey No. 1146 which is an Abadi land.
13. Siroman Singh (PW-1) has specifically stated that the disputed property was found in Survey No. 1146 which is an Abadi land and the house of defendant was found on the southern side of the primary school. It was further stated by Siroman Singh that defendant No. 1 had not shown any document of title to him. He had specifically stated in paragraph 1 of his examination-in-chief that as per the revenue record, house of defendant is constructed over Abadi land which is a Government land and defendant has Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 6 SA-43-2011 not shown permission granted by Gram Panchayat or any lease granted by the State Government.
14. Thus it is clear that Siroman Singh (PW-1) has specifically stated that the house of defendant is constructed over Abadi land and he has no document of title or permission to construct a house on the land belonging to the State Government or Gram Panchayat. Furthermore, defendant has also not relied upon any document of title, and not examined even a single witness including himself in support of his defence.
15. From the order sheets of the trial court, it appears that plaintiff closed his evidence on 09-07-2010 and the case was fixed for 23-07-2010 for recording of defence evidence. On 23-07-2010, the case was adjourned at the request of counsel for defendant/respondent and thereafter the case was fixed for 06-08-2010. On 6/8/2010, at the request of defendant, last opportunity was granted to lead evidence. On 19-08-2010 defendant's witnesses were not present and counsel for defendant closed his evidence. Thus it is clear that defendant did not examine any witness in support of his defence.
16. Under these circumstances this Court is of considered opinion that the trial Court committed material illegality by misreading the demarcation report (Ex. P-1), as well as, evidence of Siroman Singh (PW-1). Even appellate Court has not considered the evidence in proper perspective. Although the appellate Court has held that as per demarcation report, as well as, evidence of Siroman Singh (PW-1), house of defendant is situated over the Government land, but rejected the said evidence only on the ground that no record has been produced to show that house of defendant is situated over Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 7 SA-43-2011 the Government land. Once the demarcation report has been produced and specific evidence has been given by Siroman Singh that after demarcation it was found that the house of defendant is situated over Survey No. 1146 which is a Government land, coupled with the fact that defendant did not collect courage to enter in the witness box to face the cross-examination by the plaintiff, this Court is of considered opinion that the rejection of evidence led by the plaintiff was on erroneous grounds.
17. Accordingly, the substantial question of law is answered in affirmative and concurrent findings of facts recorded by both the Courts below with regard to the fact that defendant has not encroached upon the Government land is hereby set aside.
18. Ex consequenti , the judgment and decree 01-12-2010 passed by Additional Judge to the Court of VI Additional District Judge (FTC), Bhind in Civil Appeal No. 23/2010, as well as, judgment and decree dated 31-08- 2010 passed by II Additional Civil Judge Class-II, Bhind in Civil Suit No. 55A/09, are hereby set aside.
19. The suit filed by the plaintiff is hereby decreed and it is held that " (i) the land over which defendant No.1 has constructed his house is the government land belonging to the Gram Panchayat, Nayagaon. (ii) Defendant No. 1 is directed to demolish the construction raised by him and hand over vacant possession to defendant Nos. 2 and 3 within a period of 2 months from today. (iii) In case if defendant No. 1 fails to demolish the house and hand over the vacant possession of the property in dispute, then Collector, Bhind shall take necessary action for demolition of house Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM NEUTRAL CITATION NO. 2025:MPHC-GWL:18739 8 SA-43-2011 constructed by defendant No. 1 and Collector, Bhind shall also ensure that possession of the vacant land is taken within 3 months from today.
20. Accordingly, appeal succeeds and is hereby allowed.
21. Decree be drawn accordingly. No order as to cost.
(G. S. AHLUWALIA) JUDGE (and) Signature Not Verified Signed by: ANAND SHRIVASTAVA Signing time: 8/23/2025 5:01:23 PM