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1996 Supreme(MP) 1014

R.P.GUPTA
Laxman Rao – Appellant
Versus
State – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. A.H. Afsar, Advocate
For Respondents/Defendant:Mr. R.A. Roman, Addl., Advocate, General

JUDGMENT

R.P. Gupta, J.

1. This second appeal is directed against the judgment and decree passed by the Third Additional District Judge. Gwalior on 15.1.93 in C.A. No. 14-R/92 whereby the first appellate Court had affirmed the judgment and decree of the trial Court i.e. Third Civil Judge Class-I, Gwalior dated 21.10.92 in C.S. No. 153-A/92. The trial Court has dismissed the suit of the plaintiff and the first appellate Court has confirmed the dismissal of the suit.

2. Plaintiff appellant's suit is for declaration that he is Bhumiswami of the suit land and injunction against the defendant state not to build any park on this land and not to interfere with the possession of the plaintiff and the plaintiff is entitled to correction in the revenue record by removal of the name of P.W.D.

3. Allegations of the plaintiff are that he is Maurusi of the land in dispute from the time since before coming into force of M.P. Land Revenue & Tenancy Act, Samwat 2007 i.e. 15.8.1950. The land was lying uncultivated but was in possession of the plaintiff. It was urged that the name of the defendant i.e. P.W.D. finds mention in column 3 of the revenue record (Khasra), but they have no right to interfere wi






































































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