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1990 Supreme(MP) 463

D.M.DHARMADHIKARI
Ranjeet Singh – Appellant
Versus
Harji – Respondent


Advocates:
A.D. Deoras for appellant; Ashok Lalwani for respondents.

JUDGMENT

D.M. Dharmadhikari, J. -- 1. This is a second appeal by the plaintiff under section 100 of the Code of Civil Procedure, against the judgment and decree of the two Courts below, dismissing the suit, holding that the Civil Courts jurisdiction is barred by the provisions of the M.P. Anusuchit Jati Tatha Anusuchit Jan Jati Rini Sahayata Adhiniyam, ]967 (hereinafter referred to as 'the Adhiniyam').

2. The necessary facts are as under. Respondent No.1 Harji, claiming to be a member of the scheduled caste filed two applications on 27.2.1979 and 20.6.1973 to the Debt Relief Court, Sehore alleging that his agricultural land measuring 5.21 acres, village Konazir, tahsil Sehore was mortgaged on 20.6.1973 with the plaintiff as creditor, for a sum of Rs. 500/-, for a period of eight years and although the said loan stands satisfied from the profits derived by the creditor by cultivating that land, the land under mortgage was not returned to the debtor. The Debt Relief Court by its order passed on 24.10.1979 held that the so called document of mortgage dated 20.6.1973 was in fact an agreement of sale under which possession was delivered to the plaintiff. Hence the provisions contained i

































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