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1983 Supreme(MP) 224

K.N.SHUKLA
Dev Rao Jadhav – Appellant
Versus
Gangaram – Respondent


Advocates Appeared:
V.K. Sapre for appellant
J.P. Shrivastava & A.P. Shrivastava for respondent.

JUDGMENT

K.N. Shukla, J.-

l. This is a defendant's second appeal.

2. Respondent No. 1 (hereinafter addressed as 'plaintiff') brought a suit against the present appellant and 7 others for declaration of title and recovery of possession of Survey Nos. 83, 552, 524, 549/1, 549/2, 550, 551, 890, 1017 and 1029 total area 19 bighas and 8 biswas, situated at village Lahachura, Tahsil Gohad, Distt. Bhind.

3. Appellant (defendant No.1) was an erstwhile Jagirdar of Village Lahachura.

4. Plaintiff's case was that one Nadar Khan was a Pattedar tenant of the suit lands on 14-8-49. The said Nadar Khan wrote a Patta in favour of the plaintiff and delivered possession to him. As a result of this transaction plaintiff entered into possession of the suit lands as a sub-tenant. After coming into force of the Abolition of Jagir's Act (Act No. 28 of 1951), plaintiff acquired Pacca tenancy rights under S.21 thereof. Thereafter he became an occupancy tenant and eventually the bhumiswami under the provisions of the M.P. Land Revenue Code with effect from 1-10-1959. Plaintiff had instituted proceedings under section 92 of the Madhya Bharat Land Revenue and Tenancy Act as he had been wrongly disposessed by defen















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