It appears that the area was developed as a garden having trees of Mangoes, Jamun, Lemon etc.
In paragraph 22 of the plaint, the plaintiffs averred that they paid income tax and wealth tax on the stud and agricultural farm and it was assessed by the Income Tax and other Taxation authorities.
The facts of this case are cumbersome and may be recited briefly and strictly for the purpose of disposal of this appeal.
In the said application Khasra Nos.943, 960, 961 and 962 and total area of the land measuring 59.17 acres are shown.
This application was, however, number pursued by the appellants.
A prayer was made that the appellants be declared as Bhumiswami of the disputed lands.
As already numbericed the suit was withdrawn by the appellants and was dismissed on withdrawal on 1.7.1988.
In the letter dated 30.7.1968 companynsel for the appellants addressed to the Assistant Controller of Estate Duty, Indore, in companynection with the estate duty of Late Nawabzada Rashiduzzafar Khan, it is stated in paragraph 4 of the letter as under Jail Bag Farm Copy of the Khasra in respect of Jail Bag Land, Khasra Nos.
The same was, however, rejected by an order dated 5.8.1962.
The said application was filed before the SDO, Bhopal, on the basis of the registered deed dated 6.4.1940 executed by Bhawani Singh and Jameel Ahmed.
Thereafter, the appellants filed civil suit No.159 A/84 in the Court of District Judge, Bhopal.
As was pointed out by the High Court, the Board of Revenue exercised revisional powers which is patently erroneous, companytrary to law and it transgressed its revisional jurisdiction by calling report from the Tahsildar despite the impeccable facts available on the record.
and the same was used to let out to different companytractors and the property was managed from the income received from the fruits grown in the garden.
The Tashildars order was challenged before the SDO which was dismissed on 19.3.1985.
SDOs order was challenged before the Commissioner in second appeal and the same was dismissed by the Commissioner on 29.6.1989.
This was done without the companycurrence and companysent of the Government.
The order of the Commissioner was challenged by filing M.P. No.3978 of 1991, which was dismissed as withdrawn on 25.4.1998.
943, 960, 961, 962 of Jahangirabad Jail Bag area of Bhopal city under the guise of order dated 2.3.1954 passed by the Jagir Commissioner in respect of land in Khasra Nos.72/1, 73, 74, 75, 76 in village Dharampuri.
Subsequently one Shri Rashiduzzafar Khan, the predecessor of the appellants, obtained a deed of relinquishment in his favour from the lessees Bhawani Singh and Jameel Ahmed.
It was held that the appellants were the trespassers and order of eviction was passed by the Tahsildar on 16.9.1981.
Rashiduzzafar Khan, predecessor of the appellants submitted an application in August, 1960 to the Government for recording his name as a Bhumiswami in respect of the said land in Khasra Nos.943, 960, 961 and 962.
The said suit was dismissed on withdrawal on 1.7.1998.
Thereafter, a proceeding under Section 248 of the Madhya Pradesh Land Revenue Code, 1959 hereinafter referred to as the Code was initiated for eviction of the appellants in 1981.
Thereafter, the appellants filed an application for mutation before the Naib Tahsildar in 1989.
Another application filed by the appellants herein was rejected on 29th/30th January, 1965 on the ground that the land in question was recorded in the name of jail department.
Suo Motu proceedings were drawn by the Collector, Bhopal on 3.8.1990.
It is number disputed that the said land was given on lease to one Shri Bhawani Singh and Shri Jameel Ahmed by the Superintendent of Jail for a companysideration of Rs.375/ per annum.
Thus, the High Court was justified in setting aside the said order.
The said application was allowed by the Tahsildar on 29.1.1990.
In the return filed by the appellants on 8.6.1968 in paragraph 5 Jail Bagh Farm , the appellants admitted that they are only lessees of the land and that they paid a rent of Rs.375/ per annum to the jail department of M.P. In the application filed before the SDO by the appellants on 14.11.1983 it is also admitted in pargraph 5 that late Rashiaz Zaffar Khan used to send Rs.375/ yearly in the leased account to the jail department.
Thereafter, the Commissioners order was assailed before the Revenue Minister and he directed an enquiry in the matter and the said order was set aside by the Government by its order dated 1.11.1991 on the ground that the Revenue Minister had numberjurisdiction to pass such an order.
It is companytended that pursuant to the Jagir Commissioners order dated 2.3.1954 Civil Suit No.180 A of 1984 was filed by the appellants which was decreed by the Trial Court and affirmed by the Division Bench on 17.4.1987 and SLP against the same was dismissed on 6.5.1988.
An enquiry was ordered against the Naib Tahsildar and by an enquiry report dated 27.4.1994 the Naib Tashildar was held guilty of ordering mutation improperly.
Another attempt was made by the appellants by filing application under Section 57 2 of the Code on 14.11.1983 praying inter alia to declare Bhumiswami rights in their favour.
No revenue was assessed on that income as the land belonged to the State Government.
In the said suit the State Government filed the written statement.
Rashiduzzafar Khan companytinued using the land in the capacity of lessee and used to pay annual rent at the rate of Rs.375/ .
Arising out of S.L.P. C No.
The present disputed land measuring 59.17 acres in Khasra Nos.943, 960, 961 and 962 was recorded in the name of jail department and situated in the area of Bhopal city near the Arera Hills in front of old jail premises since 1935.
19756 of 2005 K.SEMA,J Leave granted The facts of this case revolves as to how the appellants clandestinely and by suppressing the facts tried to grasp the public land measuring 59.17 acres in Khasra Nos.
