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2021 Supreme(Chh) 183

SANJAY K.AGRAWAL
Heminbai W/o Shivcharan Sahu – Appellant
Versus
State of Madhya Pradesh (the State of Chhattisgarh) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.K. Prasad.
For the Respondents: Mr. Ravi Kumar Bhagat, Mr. Ravindra Agrawal.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This second appeal preferred under Section 100 of the CPC by the appellant herein/plaintiff was admitted for hearing on 1-2-2021 by formulating the following substantial question of law:-

    “Whether the First Appellate Court is justified in reversing the judgment and decree of the Trial Court and thereby dismissing the suit filed by the plaintiff holding that she was not competent to institute a suit against the order of the Competent Authority passed under the provisions of the Chhattisgarh Ceiling on Agricultural Holdings Act, 1960 by recording a finding perverse to the record?”

Thereafter, on 9-2-2021, following additional substantial question of law was framed and parties herein were noticed on the additional substantial question of law and they were heard also:-

“Whether the First Appellate Court is justified in reversing the judgment and decree of the Trial Court by holding that the order of the Competent Authority dated 19.05.1976 (Ex-P-4) is in accordance with law by recording a finding perverse to the record?”

For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the suit before the tria

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