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2011 Supreme(SC) 594

A.K.PATNAIK, R.V.RAVEENDRAN
Ramkanya Bai – Appellant
Versus
Jagdish – Respondent


Advocates appeared:
Ujjal Singh, J.P. Singh and R.C. Kaushik, Advs.
Sushil Kumar Jain, Puneet Jain, B.L. Joshi, Pratibha Jain, Vikas Upadhyay and B.S. Banthia, Advs.

JUDGMENT

R.V. Raveendran, J.

1. Leave granted.

2. The Appellants claim to be the owners of lands bearing Khasra Nos. 29/2/2 and 29/1. The first Respondent Jagdish claims to be the owner of Khasra Nos. 36/3 and 36/4. The first Respondent made an application to the Naib Tahsildar, Tappa Betma, Depalpur, Indore District, under Section 131 of the Madhya Pradesh Land Revenue Code, 1959 ('Code' for short) claiming a right of way over Khasra Nos. 29/2/2 and 29/1 of the Appellants, to reach his lands bearing Khasra Nos. 36/3 and 36/4. The Naib Tahsildar made on order dated 25.10.2001, under Section 131 of the Code, holding that first Respondent, with his agricultural equipments, bullock-cart etc., was entitled to pass through the Government Road, Khasra No. 21 (East to West) of the village Salampur and thereafter pass through Khasra Nos. 29/1 and 29/2/2 belonging to the Appellants, for reaching his land bearing Khasra Nos. 36/3 and 36/4 and the Appellants shall not obstruct such passage. The appeal by the Appellants filed against the said order under Section 44 of the Code was dismissed and the subsequent revision filed by the Appellants under Section 50 of the Act was also dismissed.

3. There
























































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