( 1 ) FINDING a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.

( 2 ) ONE of the learned single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of S. 57 of the Madhya Pradesh Land Revenue Code, the Civil Court has jurisdiction to try the suit filed by the plaintiff for declaration of Bhumiswami rights framed the following questions of law which required to be decided by the Full Bench:- (1) Whether the right of ownership under S. 57 of the M. P. Land Revenue Code, 1959, covers in its ambit rights of Bhumiswami, occupancy tenancy right and Government lessee or it deals with only complete ownership right of State? (2) Whether there can be any distinction as to the forum with respect to the rights of Bhumiswami acquired after coming into force the M. P. Land Revenue Code, 1959, and the rights acquired by the Bhumiswami on the basis of pre-existing rights? (3) Whether determination of question of Bhumiswami is a province of civil Court? and (4) What is the limitation for establishing such rights of Bhumiswami, occupancy tenant, Government lessee and whether the Limitation Act, 1963, has no application If such rights are sought to be established against the Government and limitation under S. 57 of one year would apply?

( 3 ) THE other learned single Judge while hearing another Second Appeal involving the substantial question of law to the effect - Whether the Courts below were justified in dismissing the plaintiff's suit under S. 57 (2) of the Madhya Pradesh Land Revenue Code, framed the following question which was referred for decision before the Full Bench :-"whether a Civil suit is directly maintainable in respect of the dispute with the State, avoiding the mandatory provision under S. 57 (2) of the Code?"

( 4 ) WE have heard the learned counsel for the parties including the Amicus curiae, Shri R. D. Jain, Senior Advocate as well as Shri S. B. Mishra, Senior Advocate and have carefully perused the various provisions of the Madhya Pradesh Land Revenue Code, 1959.

( 5 ) THE Madhya Pradesh Land Revenue Code, 1959, (No. 20 of 1959) was brought into force with effect from 21st September. 1959, after receiving the assent of the President on 15th September, 1959. This Act was brought into effect to consolidate and amend the law relating to the land revenue, the powers of the Revenue Officers, rights and liabilities of holders of land from the State Government agricultural tenures and the other matters relating to the land and liabilities incidental thereto in Madhya Pradesh.

( 6 ) IT may be noticed that initially the State of Madhya Bharat and Madhya Pradesh as originally constituted covered various areas falling within the States of Gwalior, Indore, Malwa, Bhopal, etc. The New State of Madhya Pradesh was formed with the territories as indicated in S. 9 of the States Reorganisation Act, 1956, which are :- (A) the territories of the existing State of Madhya Pradesh, except the districts Buldana, Akola, Amravati, Yeotmal, Wardha, Nagpur, Bhandara and Chanda thereof. (B) the territories of the existing State of Madhya Bharat, except Suneltappa of Bhanpura tehsil of Mandsaur district; (C) Sironj sub-division of Kotah district in the existing State of Raj as tha