IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE HIRDESH th ON THE 4 OF JULY, 2024 SECOND APPEAL No. 66 of 2023 (JAGDISH NAGORI Vs RAMKISHAN NAYAK S/O LATE SHRI GANGARAM NAYAK (DECEASED) THROUGH LRS.

BANSOBAI (DECEASED) AND OTHERS)

Appearance:

(SHRI AISHWARYA VARDHAN SETHI, ADVOCATE FOR APPELLANT/PLAINTIFF)

(NONE FOR THE RESPONDENTS/DEFENDANTS)

O R D E R

Appellant/plaintiff has preferred this appeal under Section

100 of Code of Civil Procedure, 1908, against the judgment and decree dated 19.12.2022 passed by First Additional District Judge, Kannod, District-Dewas (MP) in Regular Civil Appeal No.100010/2015 arising out of the judgment and decree dated 15.07.2015 passed in Civil Suit No.15-A/2014 by Civil Judge, Class-II, Kannod, District-Dewas (MP).

(2) The brief facts of the case are that the appellant/plaintiff filed a Civil Suit No.15A/2014 before the Civil Judge, Class-II, Kannod, District-Dewas (MP) seeking the relief of declaration and permanent injunction against the original defendant Ramkishan S/o Gangaram (hereinafter referred to as 'defendant') pertaining to property ad-measuring 26x52 ft. situated at Plot No.30, Ward No.06, Shastriya Colony, Village Satwas, Tehsil Satwas, District Dewas (MP) (hereinafter referred to as the 'suit plot'). It is stated that since the allotment of suit plot was for the purpose of construction of residence by Gram Panchayat, Satwas on 26.05.1977 in favour of plaintiff who has a checkered history and the plaintiff filed the present civil suit against the defendant seeking the relief of declaration to the effect that the suit plot is of the sole ownership and possession of the plaintiff and relief of permanent injunction restraining the defendant from dispossessing the plaintiff and letting him enjoy the vacant and peaceful possession of the suit property. It is further averred that the suit plot was allotted by Gram Panchayat, Satwas to the defendant in the year 1965 with a condition to construct the house within three years, however, the defendant failed to construct the house, therefore, vide order dated 18.05.1977, the allotment of suit plot in favour of the defendant was canceled. Upon cancellation of allotment of the defendant on 26.05.1977, Gram Panchayat, Satwas, alloted the suit plot to the plaintiff. In compliance of the order of allotment, the plaintiff duly paid the allotment fees and thereafter the ownership and possession of the suit plot was acquired by the plaintiff from the Gram Panchayat. Thereafter, the plaintiff constructed a temporary shed upon the suit plot and started living there along with his family. The plaintiff duly obtained the permission for construction upon the suit plot and after obtaining the permission from Gram Panchayat the plaintiff had made the construction up-to the plinth height. It is further alleged in the plaint that defendant had challenged the order of cancellation of allotment dated 18.05.1977 before the SDO vide order dated 24.08.1977 and allowed the appeal filed by the defendant. When the plaintiff became aware about the order dated 24.08.1977 passed by the SDO, he preferred an appeal before the Collector, Dewas and the Collector has allowed the appeal filed by the plaintiff and the order of allotment of suit property was in favour of the plaintiff.

(3) Against that order, the defendants had preferred an appeal before the Additional Commissioner, Ujjain (MP) which was dismissed vide order dated 29.11.1984. Thereafter the defendants filed a revision before the Board of Revenue who has remanded the matter back to the SDO with a direction to decide the matter keeping in view Section 244 of MPLRC, 1959 and Rule 25 made thereunder.

(4) Meanwhile, during the pendency of litigation, the defendants tried to dispossess the plaintiff from the suit plot and therefore the plaintiff filed the civil suit seeking the relief of permanent injunction against the defendants.

(5) The defendants filed the written statement and has denied all the