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2021 Supreme(MP) 595
IN THE HIGH COURT OF MADHYA PRADESH
Vishal Dhagat, J.
Tarasiya (Smt.) & Other v. Ramlakhan & Others
Writ Petition No. 3653 of 2019 (Jabalpur);
Decided on 9.9.2021
Ashok Kumar Jain for petitioners; Rakesh Dwivedi for respondents.
Headnote:
¼1½ Hkw&jktLo lafgrk] 1959 ¼e-iz-½ && /kkjk 109 rFkk 110 && foy ds vkèkkj ij ukekarj.k dk nkok && laifÙk ds gd dk iz'u && jktLo U;k;ky;ksa dks ,sls iz'u ij fopkj djus dh vf/kdkfjrk ugha && laifÙk ds flfoy vfèkdkj flfoy U;k;ky; }kjk vo/kkfjr fd, tkuk gksrs gSa] jktLo U;k;ky;ksa }kjk ughaA fo'ks"k btktr ;kfpdk ¼flfoy½ Ø-13146@2021 vuqlfjrA ¼iSjk 8 ,oa 9
¼2½ foy && foy ds vk/kkj ij ukekarj.k dk nkok && laifÙk ds gd dk iz'u && jktLo U;k;ky;ksa dks ,sls iz'u ij fopkj djus dh vf/kdkfjrk ugha &&laifÙk ds flfoy vf/kdkj flfoy U;k;ky; }kjk vo/kkfjr fd, tkuk gksrs gSa] jktLo U;k;ky;ksa }kjk jktLo U;k;ky;ksa }kjk ughaA fo'ks"k btktr ;kfpdk ¼flfoy½ Ø- 13146@2021 vuqlfjrA¼iSjk 8 ,oa 9
(1) Land Revenue Code, 1959 (M.P.) -- Ss. 109 and 110 -- mutation claimed on basis of Will -- question of title of property -- revenue Courts have no jurisdiction to dwell upon such question -- civil rights of property are to be determined by civil Court and not by revenue Courts. S.L.P. (C) No. 13146/2021 followed. [Paras 8 & 9
(2) Will-- claim of mutation on basis of Will -- question of title of property -- revenue Courts have no jurisdiction to dwell upon such question -- civil rights of property are to be determined by civil Court and not be revenue Courts. S.L.P. (C) No. 13146/2021 followed.
[Paras 8 & 9
ORDER
1. Learned counsel appearing for respondents submitted that respondent No.2 has died.
2. Learned counsel appearing for petitioner submitted that no relief is claimed against respondent No.2 and he does not want to bring on record Legal Representatives of respondent No.2 in the writ petition.
3. Considering the said submission, writ petition against respondent No.2 and other LRs of respondent No.2/Thakurdeen except Ramrakhan is abated. 4. Petitioner has filed this writ petition challenging order dated 7.2.2019 contained in Annexure-P/10 passed by Additional Commissioner Linc CourtSatna/Sidhi, Rewa Devision, Rewa (MP).
5. Learned counsel for the petitioners submitted that Tehsildar has passed an order of mutation on basis of Will dated 14.10.2009 in favour of respondent No.1. Thereafter, non-applicants before Tehsildar preferred an appeal before Sub Divisional Officer. Sub Divisional Officer set aside the order of mutation dated 30.6.2017. Respondent No.1 preferred an appeal before Additional Commissioner which was allowed and order passed by S.D.O. was set aside. Learned counsel for the petitioner further submitted that Additional Commissioner committed an error of law in setting aside the well reasoned order passed by S.D.O. Tehsildar does not have any jurisdiction to consider a disputed Will and pass order of mutation. He relied upon order dated 6.9.2021 passed in Special Leave Petition (C) No.13146/2021 {Jitendra Singh v. State of Madhya Pradesh & Others}.
6. Learned counsel for respondents opposed the said contention of counsel for petitioner and submitted that Additional Commissioner has considered all the issues and evidences available on record and has passed a reasonable and proper order. There is no error in the order of Additional Commissioner.
7. Heard the counsel for the parties.
8. Revenue Court does not have any jurisdiction to dwell upon the question of title of a party. Civil rights of the party are to be determined by Civil Court and not by Revenue Courts.
9. In case of Jitendra (supra), apex Court in paragraph-5 held as under :--
"...As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the Will, the party who is claiming title/right on the basis of the Will has to approach the appropriate civil Court/Court and get his rights crystalised and only thereafter on the basis of the decision before the civil Court necessary mutation entry can be made."
10. Additional Commissioner, Rewa Division, Rewa committed an error of law in quashing the order passed by S.D.O. Hence, order passed by Additional Commissioner, Rewa Division, Rewa is quashed and writ petition filed by petitioner is allowed.
