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2011 DIGILAW 1245 (MP)

Valiulla Khan v. Maqbool Khan

2011-11-02

P.K.JAISWAL

body2011
JUDGMENT 1. Heard on the question of admission. 2. This appeal is filed by the plaintiffs against the judgment and decree dated 31.1.2008 passed by the Additional District Judge, Agar in Regular Civil First Appeal No. 3-A/06, whereby the lower appellate Court dismissed the appeal and affirmed the judgment and decree of the trial Court by which the plaintiff’s suit was dismissed. 3. Both the Courts below on the basis of Ex. D/1 to D/22, which are the revenue records for the period Samvat 1997, 1998, 1999 and Samvat 2010 to Samvat 2045, came to the conclusion that in Survey Nos. 1740, 1741, 1742 and 1743 the name of Manjoor Khan Amjoor caste Muslim was recorded as ‘Maurusi Krishak’. Manjoor Khan is father of respondent No. 1 Maqbool Khan. No name of plaintiffs or their father were recorded. It is also held that name of father of the defendant was recorded as Kashtkar. In jS;r jlnh cgh ¼iqjkuh _.k iqfLrdk,a½ the name of Manjoor Khan was recorded as Khatedar and after coming into force the M.P. Land Revenue Code, 1959 he acquired the right of ‘Bhumiswami’ in accordance with the provisions of the M.P. L.R. Code. The Courts below also held that the appellants do not acquire any title over the land in question. 4. On due consideration of the aforesaid and perusal of the material available on record this Court is of the view that the finding recorded by the Courts below is a pure finding of fact based upon acceptable evidence, supported by cogent and convincing reasons, not giving rise to any question of law. No substantial question of law arises in this appeal. 5. The appeal filed by the appellants has no merit and is accordingly dismissed.