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2005 Supreme(MP) 143

N.K.MODY
ATAR SINGH – Appellant
Versus
JILEDAR SINGH – Respondent


Advocates Appeared:
P.C.Chandil, Sanjiv Tiwari, V.S.Chaturvedi

( 1 ) BEING aggrieved by the judgment and decree dated 8-1-1997 passed by First Additional District Judge, Morena, in Civil Appeal No. 133-A/94, whereby the judgment and decree passed by Civil Judge class I, Ambah, District Morena, dated 16-9-1994 in C. S. No. 156-A of 1989 has been set aside, the present appeal has been preferred by the appellants.

( 2 ) THE substantial questions of law involved in this appeal are : (1) Whether the provisions of lease are applicable to agricultural lease ? (2) Whether under the provision of section 117 of the Transfer of Property Act, lease of agricultural land requires registration ?

( 3 ) SHORT facts of the case are that the appellants/plaintiffs filed a suit for declaration and permanent injunction alleging that the land bearing survey No. 349, measuring 3 Bighas 1 Biswa, situated at village jkahara, Tahsil Ambah, District Morena (which shall hereinafter be referred to as the 'suit property) is in occupation of the appellants. It was alleged that in the revenue record the name of respondents 1 and 2 has been recorded as Bhumiswami but they were never in occupation of the suit property. Further case of the appellants was that jabar Singh, predece








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