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1977 Supreme(MP) 21

SHIV DAYAL, G.L.OZA, G.G.SOHANI
VIJAYSINGH – Appellant
Versus
COMPETENT AUTHORITY, SUB-DIVISIONAL OFFICER, TARANA – Respondent


Advocates Appeared:
S.R.JOSHI, W.Y.Pande

OZA, J.

( 1 ) THIS reference has been made by a learned single Judge of this Court and the questions that are referred to us are: (1) Whether the Civil Court has jurisdiction to entertain a suit independently of Sub-section (4) of Section 11 of the Madhya Pradesh ceiling on Agricultural Holdings Act 1960? (2) Whether for preferring an objection under Sub-section (3) of section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960, Section 5 of the Limitation Act would be applicable in view of the provisions contained in Section 29 (2) of the Limitation Act (No. 36 of 1963)?

( 2 ) THE facts giving rise to the present reference in brief are that proceedings under Section 11 of the Madhya Pradesh Ceiling on Agricultural Holdings Act 1960 (hereinafter referred to as 'the Ceiling Act') were initiated against the appellants. A draft statement was notified as contemplated in Sub-section (3) of section 11 by the Competent Authority. No objection to the draft statement had been made on behalf of the appellants within thirty days as provided for in that sub-section; but an objection petition was filed after the period of thirty days. This petition was rejected by the Competent Au





















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