SABAL SINGH VS STATE OF M. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

ANIL SHARMA
SABAL SINGH – Appellant
Versus
STATE OF M. P. – Respondent

Advocates Appeared:
Ashish Shrivastava, for the Appellant; Prabal Solanki, Govt. Advocate for the respondent No. 1/State and Mr. D.S. Rajawat, Advocate for the proforma respondents/LRs of appellant no. 2 Madan Singh (now dead), for the Appearing Parties

JUDGMENT

Anil Sharma, J.—This second appeal has been filed by the appellants / plaintiffs u/s 100 of the Code of Civil Procedure, challenging the judgment and decree dated 8.8.1996 passed in First Civil Appeal No. 73-A/92 by Additional District Judge, Basoda, District Vidisha (MP), confirming the judgment and decree dated 30.11.92 passed in Civil Suit No. 162-A/91 by Additional Civil Judge Class-2, Basoda, District Vidisha (MP). Succinctly the facts of the case are that the appellant / plaintiffs filed a suit for declaration of Bhumiswami rights and permanent injunction against the respondent / defendant with regard to agricultural land bearing survey nos. 77, 83, 191, 195 and 799 (new survey nos. 37, 103 and 460), total area 83 Bigha 4 Viswa situated in village Enchada, Tahsil Nateran, District Vidisha (MP). The plaintiffs have been cultivating the disputed land since the time of their father who obtained that land as Jamindari lease. The respondent / defendant had raised an objection that the plaintiffs are encroacher upon the disputed land and threatened to dispossess them on 1.5.1980 and 12.10.1980, while the appellants / plaintiffs have become Bhumiswami of the land in dispute