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SHUBHADA R.WAGHMARE
State of Madhya Pradesh – Appellant
Versus
Shrimant Tukojirao Panwar – Respondent
1. By this second appeal appellant/State is aggrieved by the judgment dated 06.07.2006 passed by the III Additional District Judge, Dewas in Civil First Appeal No. 13-A/06 dismissing the appeal on ground of limitation.
2. Briefly stated the facts of the case are that the order dated 28.02.2003 was passed by the Revenue Authority Dewas in Revenue Case No. 2/A-1/2001-2002 concerning land survey No. 293 area 5.30 acre situated in Ganji Compound, Dewas. The respondent Shrimant Tukojirao Panwar had filed a suit under Section 57(3) of Land Revenue Code before the II Civil Judge Class-II, Dewas for declaration and permanent injunction against the State Government, claiming the land on his owner ship and that he was in possession for more than 65 years and had acquired Bhumi Swami rights. The State filed the written statement before the trial Court and denied the right of the plaintiff respondent and submitted that the land belonged to the State Government and was recorded in the Revenue record as Nazul Land and after coming to the force that MP Land Revenue Code the land vested in the State Government and the plaintiff respondent had no right title over the same and it also challeng
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