JUDGMENT

Sanjay K. Agrawal, J. - The substantial question of law involved, formulated and to be answered in this second appeal preferred by the appellants/defendants is as under:-

"Whether both the Courts below were justified in holding that plaintiff has acquired 'bhoomiswami rights' over the suit land under the provisions contained in Chhattisgarh Land Revenue Code, 1959 and he is entitled for declaration of title and permanent injunction restraining the State from interfering with their possession by recording a finding which is perverse to the record ?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown and nomenclature in the suit before the trial Court].

2. The Superintendent of erstwhile State of Rajnandgaon had executed a patta in favour of Shri Ramsahay Shukla, father of the plaintiff, for cash consideration of Rs. 4600/- only up to 1943 to 1946 under the Mahakaushal Act, 1943 for the purpose of development of village Latmeta having total 608 acres of land and thereafter the land was distributed among the nearby cultivators and they were in continuous possession of the part of land given to them for cultivation. Plaintiff-Ram