Judgment

H.K. Sema, J.—Leave granted.

2. The facts of this case revolves as to how the appellants clandestinely and by suppressing the facts tried to grasp the public land measuring 59.17 acres in Khasra Nos. 943, 960, 961, 962 of Jahangirabad (Jail Bag) area of Bhopal city under the guise of order dated 2.3.1954 passed by the Jagir Commissioner in respect of land in Khasra Nos. 72/1, 73, 74, 75, 76 in village Dharampuri.

3. The facts of this case are cumbersome and may be recited briefly and strictly for the purpose of disposal of this appeal. The present disputed land measuring 59.17 acres in Khasra Nos. 943, 960, 961 and 962 was recorded in the name of jail department and situated in the area of Bhopal city near the Arera Hills in front of old jail premises since 1935. It appears that the area was developed as a garden having trees of Mangoes, Jamun, Lemon etc. and the same was used to let out to different contractors and the property was managed from the income received from the fruits grown in the garden. No revenue was assessed on that income as the land belonged to the State Government. It is not disputed that the said land was given on lease to one Shri Bhawani Singh and Shri