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2014 Supreme(Chh) 47

SANJAY K.AGRAWAL
GHUDAURAM – Appellant
Versus
BADARU – Respondent


Advocate appeared:
Shri Prafull Bharat and Shri Vikas Shrivastava, Advocates, for the Appellant/defendant No. 1.
Smt. Savita Tiwari, Advocate, for the Respondents/plaintiffs.
Shri Sanjeev Kumar Agrawal, Panel Lawyer, for the State/respondent/defendant No. 2.

JUDGMENT

1. The substantial questions of law involved and to be answered by this Court in this appeal are as under:

"(1) Whether in view of the bar contained in Section 257 of the M.P. Land Revenue Code the suit in the present form was maintainable ?

(2) Whether findings of both the Courts below that the order of the Tahsildar passed under Section 190 of the M.P. Land Revenue Code was without jurisdiction in view of the Section 168(2) of the M.P. Land Revenue Code, is contrary to law on the basis of material available on record?"

[For the sake of convenience, the parties will be referred in the instant judgment as were referred in the suit.]

2. The imperative facts required to be noticed for adjudication of this appeal are as under:

(2.1) The plaintiffs filed a suit for declaration of title, possession and for declaration of order of Tahsildar dated 29-11-1996 as null and void stating inter alia that the suit lands plaintiffs are title and possession holder of the scheduled suit land Duly entered in the schedule I annexed with the plaint. It was further pleaded that with the plaintiffs defendant No.1 Ghudauram is cultivating Khasra No. 188/1 area 3.02 acres of the land out of land belong





































































































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