JUDGMENT :

SANJAY KISHAN KAUL, J.

1. The social objective of providing land to the tiller and the landless post independence was sought to be sub-served by bringing in ceiling in agricultural holdings in different States. It is towards this objective that the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the ‘said Act’) was brought into force in 1960. The said Act, inter-alia, provided for acquisition as well as disposal of surplus land.

2. The predecessor-in-interest of the appellant (now represented by the LRs) was the bhumiswami of agricultural dry land measuring 64.438 acres situated in Village Bagadua, Paragna Sheopur Kala, District Morena, Madhya Pradesh. He was, thus, stated to be holding land in excess of the ceiling limit prescribed as per Section 7(b) of the said Act, whereby a holder along with his family of five members or less could hold a maximum amount of 54 acres of land. As a sequitur thereto the competent authority/competent officer (respondent No. 2 herein) initiated the process to acquire the surplus land and issued a draft statement in Land Ceiling Case No. 180/75-76/A-90(B) for acquisition of 10.436 acres of dry land from Survey Nos.755, 756, 780 and 881/1 (for short ‘surplus land’). A final order dated 30.3.1979 was published declaring such land as surplus. In furtherance of the aforesaid, the respondents herein initiated the process of taking over possession and eviction under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the ‘said Code’) (the provision has since been deleted).

3. The appellant being aggrieved by the final order dated 30.3.1979 filed a suit for declaration of title and permanent injunction before the Court of Civil Judge Class-II, Sheopur Kala, District Morena. It is the say of the appellant, as per averments in the plaint, that the proceedings to recover land from him were illegal as he was actually left with only 54 acres of land which was within the prescribed ceiling limit in view of the fact that the land measuring 17 bighas and 7 biswa in Survey No. 77 had been decreed in favour of one Jenobai, who was in kabza kasht (possession by cultivation) of the land for about 20 years. She had filed a civil suit, being Civil Suit No. 319/75A O.C. on 15.10.1975 against the appellant seeking declaration of title and permanent injunction with respect to the aforementioned land. There had been an admission of the ground position by the appellant and thus, the suit was decreed on 5.3.1979 declaring Jenobai to be the owner in possession of the said land. We may note that Jenobai is actually the mother-in-law of the appellant and according to her, this land was being cultivated by her on the basis of half and half of the land proceeds. However, subsequently the appellant developed improper intent and taking advantage of her being a widow and an old woman, had colluded with the Patwari to get this disputed land mutated in his name.

4. The suit filed by the appellant was contested by the respondents herein and they took a defence in the written statement that the possession of the surplus land had been taken over and allotted to other cultivators. There was, however, an admission that the appellant in the return, filed as per Section 9 of the said Act, mentioned the aspect of the pending suit qua Survey No. 77. However, it was contended that the appellant had neither submitted a copy of the suit nor any proof of pendency of the suit. The suit was alleged to be collusive inasmuch as Jenobai, in fact, was the mother-in-law of the appellant and the endeavour was to prevent the surplus land from being acquired. It was pleaded that Jenobai, if she had title or possession of the land in survey No. 77, would have submitted a claim before the competent authority after the draft statement was issued. The appellant was also alleged to not have submitted any objection to the draft statement and the remedy of the appellant was stated to