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1992 Supreme(MP) 642

R.C.LAHOTI
JAGDISH S/o RAMCHARAN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
C.S.Dixit, H.M.Kango, S.P.P.SHRIVASTAVA

R. C. LAHOTI, J.

( 1 ) THE plaintiff/appellant has come up in appeal, aggrieved by the judgement and decree of the lower appellate Court, dismissing his suit for declaration of title, in reversal of the decree of the trial court which had decreed the suit.

( 2 ) VIDE order dated 25-8-1982, this appeal was admitted for hearing parties on the following substantial question of law :"whether, the Competent Authority had no jurisdiction to go into the question of the title of the present appellant in face of the compromise decree Ex. P-4 between the respondent No. 3 (the holder before the Competent Authority) and the present appellant (the objector before the Competent Authority) even though it is a compromise decree and State was not a party to the case ?"

( 3 ) THE undisputed facts are that the defendant/respondent No. 3 was the holder of an agricultural holding. Proceedings under the M. P. Ceiling on Agricultural Holding Act, 1960 (hereinafter referred to as the 'ceiling Act', for short) were initiated against him. On 10-1-1973, the plaintiff herein filed a civil suit against the defendant/respondent No. 3 registered as C. O. S. No. 7-A/73 seeking a declaration of title and correction













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