Madhya Pradesh High Court
Lalit vs The State Of Madhya Pradesh on 2 September, 2015
SA-2755-2005
(LALIT Vs THE STATE OF MADHYA PRADESH)
02-09-2015
Smt. Smita Verma, learned counsel for the appellant.
Heard on the question of admission.
Appellant/defendant has 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 allotted 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 allotted 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 of the facts both the Courts have found that the land which was allotted to plaintiff was service land. In such circumstances, in my opinion the trial Court has rightly dismissed the suit filed by the plaintiff.
Counsel for the appellant relied on a judgment of this Court in the matter of Sabal Vs. State 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