SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Chh) 70

SANJAY K.AGRAWAL
VIJAY BEN PATEL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Mr. Praful1 N. Bharat, Advocate, for the Appellants/ plaintiffs.
Mr. Vinay Harit, Dy. Advocate General, for the State/defendants

JUDGMENT

1. The substantial questions of law formulated and to be answered in this second appeal are as under:"

(i) Whether both the Courts below were justified in dismissing the suit of the plaintiffs holding that the plaintiffs' suit is hit by Section 158(3) as well as Section 165(7-b) of the Chhattisgarh Land Revenue Code (for short "the Code") ignoring the fact that the plaintiffs have purchased the suit land from one Kaji Abdul on 11/03/1988, whereas Section 158(3) as well as Section 165 (7-b) of the Code came into force from 28/10/1992?

(ii) Whether both the Courts below were justified in dismissing the suit of the plaintiffs holing that alienation without permission of the Collector as contained in Section 165(7-b) of the Chhattisgarh Land Revenue Code (in short 'Code') is void holding Section 165(7-b) of the Code to be mandatory in nature?"

2. In order to answer the afore-stated substantial questions of law, required facts in nutshell, are as under:

2.1 The plaintiffs commenced in action for declaration of their title and possession stating inter alia that they are title holder of land bearing Khasra No. 26/9 area 5.00 Acres and the order of Additional Collector dated 24/01/199







































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top