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2016 Supreme(Chh) 453

SANJAY K.AGRAWAL
Rameshwar Ram, S/o Guran Ram – Appellant
Versus
Dwarikaram, son of Late Holaram – Respondent


Advocates Appeared:
For the Appellants : Mr. P.P. Sahu
For the Respondent: Mr. A.K. Prasad, Mr. A.N. Pandey, Mr. O.P. Sahu

JUDGMENT :

Sanjay K. Agrawal, J.

The substantial question of law involved, formulated and to be answered in the plaintiff's second appeal is as under:-

"Whether findings of both the courts below regarding bar of jurisdiction as provided under Section 257 (L-1) of CG Land Revenue Code, 1959 is perverse ?"

[In this appeal the parties will be referred hereinafter as per their status shown in the plaint before the trial Court.]

2. The essential facts required to be noticed in order to answer the substantial question of law are as under:-

(i) The appellants/plaintiffs herein filed a suit for declaration of their title over the suit land and also sought declaration that the order passed by the Sub Divisional Officer (Revenue), Jashpurnagar dated 15.6.1994 be declared null and void and the defendants be restrained from interfering with their peaceful possession over the suit land. It was also pleaded that order passed by the Sub-Divisional Officer (Revenue), Jashpurnagar under Section 170-B of the MP Land Revenue Code, 1959 (hereinafter called as "Code') is without jurisdiction and without authority of law as the transaction is valid and legal and it could not have been declared illegal by the











































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