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1961 Supreme(MP) 129

Shivdayal
Dimansingh – Appellant
Versus
Rameshwar – Respondent


Advocates Appeared:
G.P. Patankar for appellant;
R.K Dikshit or respondent

JUDGMENT

1. The respondent's suit was for declaration of pucca tenancy rights and possession on the allegations that his father Chakrapan alias Chakola was the Pukhta Dakhilkar (occupancy tenant) of survey Nos. 3136, 3137/1, 3137/2 and 3138 in village Bagpura, Pargana Morena. Chakrapan died in Samvat year 1995. At that time the plaintiff was of about two or three years and was the only heir of the deceased Chakrapan. However, taking advantage of his minority, the Patwari struck out his name in Samvat year 1996 and defendant Diman Singh, with the collusion of the Zamindar and the Patwari, dispossessed the plaintiff by wrongfully occupying the land. The plaintiff attained the age of majority on Baisakh Sudi 12, Samvat 2002 (corresponding to May 25, 1953). This suit was filed on November 4, 1954. The suit was resisted by the defendant on several grounds. A decree in favour of the plaintiff was passed by the trial Judge and the same has been maintained by the first Appellate Court.

2. Shri Patankar first of all contends that the Civil Court bad no jurisdiction to try the suit because under sections 325 and 326 of the Quanoon Mal Gwalior State it was only the Revenue Court which was compe









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