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2005 Supreme(MP) 379

A.K.SHRIVASTAVA
Mohammad Khan – Appellant
Versus
State of M. P. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: K.P. Pandey
For Respondents/Defendant:Suresh Garg, Government Advocate

JUDGMENT

A.K. Shrivastava, J.

1. This second appeal has been preferred against the judgment and decree of reversal passed by the appellate Court.

2. A suit for declaration of Bhumiswami right and injunction has been filed by the plaintiffs, who are appellants here in this appeal. The suit land is agricultural land.

3. In brief the case of plaintiffs is that they are possessing the land in question for near about 60 years from the time of their predecessors though the suit land has been entered in revenue papers in the name of Shri Math Shyam Bhartiji village Laduna, through Manager Collector, Mandsaur. It has been further pleaded that the said entry in the revenue record is incorrect. Since predecessors of the plaintiffs and after their death plaintiffs are possessing the lands in question since last 60 years, therefore, on coming into force of M.P. Land Revenue Code in 1959, the plaintiffs acquired Bhumiswami rights. An alternative plea has also been setforth that since the predecessors of plaintiffs and after their death plaintiffs are possessing the disputed lands earlier to the year 1921, in the knowledge of erstwhile Sitamau Estate and then Madhya Bharat Government and thereafter










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