JUDGMENT :

R. SUBHASH REDDY, J.

1. This Civil Appeal is preferred by the appellant-State of Madhya Pradesh, aggrieved by the judgment and order dated 08.11.2006 passed in Second Appeal No. 129 of 2006. By the aforesaid order, the High Court has dismissed the Second Appeal, preferred by the appellant herein confirming the judgment and decree passed by the learned IV Additional District Judge, Bhopal, in Civil Appeal No. 37-A/2005 dated 23.07.2005 and the judgment and decree dated 24.12.2004 passed by the learned XIIth Civil Judge, Class-II, Bhopal, in Civil Suit No. 138-A/2004.

2. Necessary facts, in brief, are as under:

The agricultural land bearing Survey Nos. 171 to 184, 214, 217 and 284 admeasuring 17.18 acres situated at Village Bag Sevania, Tehsil Huzur, District Bhopal, was recorded in the name of Late Padam Singh as a Bhoomi Swami. In the aforesaid land, late Padam Singh was having 1/4th share. As the said land was covered by the Urban Land (Ceiling and Regulation) Act, 1976 (for convenience sake, hereinafter referred to as ‘ULC Act’) Late Padam Singh has filed declaration as contemplated under the provisions of the ULC Act. The competent authority has determined an extent of 16