Madhya Pradesh High Court
Govind Singh vs Radhelal on 27 February, 2024
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
SECOND APPEAL No. 1305 of 2023
BETWEEN:-
GOVIND SINGH S/O PAHARI SINGH, AGED
ABOUT 58 YEARS, R/O GRAM BHANPURA
THANA TIKRIYA TEHSIL NARAYANGANJ
DISTRICT MANDLA (MADHYA PRADESH)
........APPELLANT
(BY SHRI RAJNEESH KUMAR- ADVOCATE FOR APPELLANT)
AND
RADHELAL S/O PUNNULAL, AGED
ABOUT 60 YEARS,
SATIYA BAI W/O GOVIND SINGH, AGED
ABOUT 50 YEARS,
SANTOSH SINGH S/O GOVIND SINGH
AGED ABOUT 30 YEARS,
SANT KUMAR S/O GOVIND SINGH AGED
ABOUT 30 YEARS,
ALL RESIDENT OF GRAM DEV GAON
THANA TIKRIYA TEHSIL NARAYANGANJ
DISTRICT MANDLA (MADHYA PRADESH)
2
STATE OF M.P. THROUGH DISTRICT
PRESIDENT MANDLA, DISTRICT MANDLA,
M.P.
........RESPONDENTS
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Reserved on: 23.01.2024
Pronounced on: 27.02.2024
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This Second Appeal having been heard on admission and reserved for
order, coming on for pronouncement on this day, Justice Gajendra Singh
pronounced the following:
ORDER
This Second Appeal under Section 100 of CPC is preferred challenging the
judgment and decree dated 14.02.2023 in Civil Appeal No.8-A/2018 by District
Judge, Niwas, District Mandla arising out of judgment and decree dated
03.11.2017 in Civil Suit No.7A/2016 by Civil Judge, Class-I, Niwas, District-
Mandla, whereby the decree of permanent injunction has been passed in favour of
appellant/plaintiff regarding forest land situated in compartment No.185 B area
1.020 hectare situated at Village-Bhanpur, Village Panchayat- Sikosi, Tahsil
Narayanganj, District- Mandla.
2. Facts in brief are that a lease of land situated in reserved forest comprising
compartment No.185-B area 1.020 hectare situated at Village-Bhanpur, Village
Panchayat- Sikosi, Tahsil Narayanganj, District- Mandla was granted to plaintiff
on 18.07.2012 under Forest Rights Act, 2008. Respondent No.1/defendant No.1 is
in possession of plaintiff's land since 2012. A proceeding under Section 145 of
Cr.P.C. was initiated before Sub Divisional Magistrate. Defendants/respondents
were not conferred any lease regarding situated land. On interference of
defendants, a suit for declaration of title and permanent injunction was preferred
before the trial Court. Defendant No.1/respondent No.1 could not file the written
statement within time, so they were permitted to participate only in the
proceeding before the trial Court and asserted their possession on the disputed
land since long.
3. Trial Court framed the issues and recorded the evidence of Radhelal as PW-
1, Shankar Singh as PW-2, Shivram Gond as PW-3 and admitted the documents
Ex.P-1 and P-2. Respondents examined Dy. Range Officer, Ishwardeen as DW-1,
Govind as DW-2, Shyamlal as DW-3 and exhibited D-1 to D-17.
4. Appreciating the evidence, trial Court dismissed the plaintiffs suit recording
the finding that lease Ex.P-1 is granted under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 that does
not confer title to plaintiff and also recorded the finding that plaintiff is not in
possession of the suit land.
5. Feeling aggrieved by the judgment and decree of the trial Court, appeal was
preferred and recorded the finding that there was no written statement on behalf
of defendants and plaintiff was granted a lease Ex.P-1 and he possesses the
receipts Ex. Nos.P-3, P-4 and P-5 and reversing the findings of the trial Court
concluded that plaintiff is in possession of the disputed land and allowing the
appeal partly, passed the decree in favour of plaintiff and restrained defendant
Nos.1 to 4 from interfering in the possession of plaintiff over the land of
compartment No.185 B area 1.020 hectare situated at Village-Bhanpur, Village
Panchayat- Sikosi, Tahsil Narayanganj, District- Mandla.
6. Feeling aggrieved by the judgment and decree dated 14.02.2023, this
appeal has been preferred without proposing any substantial question of law on
the ground submitting that
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7. Heard.
8. Perused the records.
9. Grant of Ex.P-1 in favour of plaintiff with inheritable rights but non
alienable or non transferable right regarding disputed land under the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 is in existence and that has not been challenged before the competent
authority.
10. No substantial question of law is made out. Hence, this appeal is not fit for
admission, therefore, it is dismissed at the stage of admission.
(GAJENDRA SINGH)
JUDGE
DPS
DHEERAJ PRATAP SINGH
2024.03.06 19:14:16 +05'30'
