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1996 Supreme(MP) 376

S.C.PANDEY
KASHIRAM – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.D.Deoras, R.K.Khare

S. C. PANDEY, J.

( 1 ) THIS is an appeal under Section 100 of the Code of Civil Procedure (hereinafter the CPC for short) filed by the plaintiff against the judgment and decree dated 26-7-86, passed by the First Additional Judge to the Court of District Judge, Hoshangabad in Civil Appeal No. 53-A/81 arising out of judgment and decree dated 1-5-81, passed by Civil Judge, Class II, Sohagpur in Civil Suit No. 40-A/8o.

( 2 ) THE appellant filed a suit for declaration of his title and for permanent injunction restraining the respondent No. 1 from interfering with his possession or the land. It was also claimed that the order passed by the competent authority and the Sub-Divisional Officer, Sohagpur in Revenue Case No. 735/a/90 B (3) 74-75 u/s. 11 of the M. P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter the Act for short) be declared void. The appellant claimed that he was holding Khasra No. of 80,8. 87 acres of land situate in village Dhadhiyakishore, Tahsil Sohagpur, District Hoshangabad from respondent No. 3 Aman Singh on lease as a 'shikmi Kashtkar' from the year 1966-67. Therefore, he became an occupancy tenant of the suit land and thereafter under the provision of Sectio















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