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1979 Supreme(SC) 318
SUPREME COURT OF INDIA
A.C. GUPTA AND P.S. KAILASAM, JJ.
Raghunath (dead) by Lrs., Appellants
Versus
Kanhiya (dead) by Lrs. Respondents.
Civil Appeal NO. 1476 OF 1968,
D/- 24-7-1979.
Headnote:
Suit is barred – Suit rejection This is a plaintiffs appeal - Only question for consideration here is whether suit is barred by provisions of Madhya Bharat Abolition of Jagirs Act - In the suit the plaintiff sought to have a declaration that order of Tehsildar, which was affirmed by Collector, holding that defendant was pacca Krishak was invalid - Trial Court held that suit was barred and rejected the plaint - First Appellate Court was of view that suit was maintainable and remanded it to Trial Court for hearing on the merits – Held, High Court on a consideration of language of S. 34 of aforesaid Act held that suit was barred and order of Tehsildar could not be challenged in the Civil Court except on ground that it was a nullity - Court find no reason to differ from view taken by the High Court - Appeal dismissed.
Judgment
A. C. GUPTA, J. :- This is a plaintiffs appeal. The only question for consideration here is whether the suit is barred by the provisions of the Madhya Bharat Abolition of Jagirs Act. In the suit the plaintiff sought to have a declaration that the order of the Tehsildar, which was affirmed by the Collector, holding that the defendant was pacca Krishak" was invalid. The Trial Court held that the suit was barred and rejected the plaint. The First Appellate Court was of the view that the suit was maintainable and remanded it to the Trial Court for hearing on the merits. The High Court on a consideration of the language of S. 34 of the aforesaid Act held that the suit was barred and the order of the Tehsildar could not be challenged in the Civil Court except on the ground that it was a nullity. We find no reason to differ from the view taken by the High Court. The appeal is accordingly dismissed. There will be no order as to costs in this appeal.
Appeal dismissed.
For Citation : AIR 1979 SC 1936
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