T.P.NAIK, S.B.SEN
Dayaram – Appellant
Versus
Maheshwar – Respondent
S.B. SEN, J.
1. This appeal has been filed by unsuccessful plaintiffs whose suit for possession of certain lands in mouza Linjir, district Raigarh, and for recovery of Rs. 3000/- on account of the price of the dhan crop forcibly taken away by the defendants-respondents, has been dismissed.
2. The following are the allegations of the plaintiffs: The lands in suit were originally Bnogra, lands. After the Madhya Pradesh Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950 (No. 1/51). came into force, they were declared as raiyati lands. Since the year 1923, the respondent No. 9, Mst. Apuchha was holding the lands in her exclusive right as Bhogra lands. On 8-2-1952, the Additional Deputy Commissioner, Land Reforms, Raigarh settled these lands in raiyati rights in her favour. On 19.5.1953, Mst. Apuchha, respondent No. 9, sold these lands to the plaintiffs for a consideration of Rs. 7500/- and they were put in their possession also. One Danardhan, who was the father of the defendants nos. 1 to 5, was taking these lands on adhiya from respondent no. 9, Mst. Apuchha, every year. After purchasing the lands, the plaintiffs sowed dhan. When the dhan crop was read
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