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2016 Supreme(Chh) 232

SANJAY K.AGRAWAL
Government of Madhya Pradesh – Appellant
Versus
Ishwar Chandra, S/o Shri Panchuram Khairwar – Respondent


Advocates:
Advocate Appeared:
For the Appellants/State : Mr. Prafull N. Bharat, Mr. Om P. Sahu
For the Respondent: Mr. B.P. Sharma, Mr. D.N. Prajapati, Mr. Hari Agrawal

JUDGMENT :

1. The substantial questions of law involved, formulated and to be answered by this Court in the appeal preferred by the defendants/State are as under:-

i. Whether the First Appellate Court is justified in reversing the finding on issue No.1 holding that the plaintiff is entitled for decree for declaration of title and permanent injunction ignoring the fact that the suit land is Nazul Land?

ii. Whether the First Appellate Court is justified in holding that the suit is not barred by the provisions contained in Section 57(2) of the Chhattisgarh Land Revenue Code, 1959?

iii. Whether the First Appellate Court is justified in reversing the well reasoned findings of the trial Court by recording findings which are perverse and contrary to the record?

2. The above-stated substantial questions of law are required to be answered in the following factual backdrop:-

(Parties will hereinafter be referred as per their status shown in the suit before the trial Court.)

3. The respondent plaintiff instituted a civil suit for declaration of his title and permanent injunction over the suit land situated at Village Namnakala, Patwari Halka No.36(B) of Tahsil Ambikapur ad-measuring total area of 11





















































































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