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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
NARENDRA KUMAR VYAS
Utkarsh Ottalwar S/o Shri V.C. Ottalwar – Appellant
Versus
Ashok Kumar Tiwari S/o Late Shri Taturam Tiwari – Respondent
JUDGMENT :
NARENDRA KUMAR VYAS, J.
1. This is plaintiffs’ second appeal under Section 100 of Civil Procedure Code, 1908 against the judgment and decree dated 24.03.2011 passed by the learned 5th Additional District Judge, District Bilaspur (C.G.) in Civil Appeal No. 21A/2010 against the judgment and decree dated 30.07.2010 passed by the learned First Civil Judge, Class-II, Bilaspur (C.G.) in Civil Suit No. 130-A/2008 by which the suit filed by the plaintiffs for title and declaration has been dismissed.
2. The parties have been described as per their description before the trial Court in Civil Suit No. 130-A/2008.
3. The second appeal has been admitted by this Court on 01.07.2021 on the following substantial question of law:-
“Whether both the Courts below were justified in holding that the alienation made by defendant No. 1 in favour of plaintiffs is barred by Section 158(3) of the Chhattisgarh Land Revenue Code, 1959 by recording a finding which is perverse to the record?”
4. Brief facts as reflected from the record are that:
(a) The plaintiffs have filed a suit on 05.10.2005 for declaration and permanent injunction before learned Civil Judge, Class-II Bilaspur mainly contending that th
Amendments to land revenue legislation confer Bhumiswami rights retrospectively, necessitating compliance for valid land transfers; sales executed without required permissions are null and void.
The main legal point established in the judgment is that the transfer of land without prior permission from the Collector under section 165(7-b) of the Madhya Pradesh Land Revenue Code is void ab ini....
The court affirmed that Bhumiswami rights cannot be transferred without proper permissions as mandated by the Land Revenue Code, and the petitioners failed to establish valid occupancy rights.
The judgment affirms that civil courts lack jurisdiction over certain land disputes involving aboriginal tribes under specific statutory provisions.
A Will executed by a tribal law owner does not require Collector's permission for validity under land transfer laws.
The delay of 11 years in exercising suo motu powers renders such actions arbitrary, violating established legal rights under registered sale deeds.
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