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ACHAL KUMAR PALIWAL
Khem Chand (Dead) Through LRs Siddharth Kumar Jain – Appellant
Versus
Parasram – Respondent
JUDGMENT
1. This first appeal has been filed by the appellant/plaintiff under section 96 of CPC against the order dated 17.12.2012 passed in Civil Suit No.27-A/2008 (Khemchand v. Parsram and others) by Additional District Judge, Rehli District Sagar seeking setting aside of impugned judgment and decree.
2. Brief facts of the case relevant for disposal of present appeal are that plaintiff along with some other persons formed a partnership and above firm, purchased land bearing khasra No. 69 and 70 through registered sale deed dated 14.3.1983. Above firm was dissolved on 13.1.1984 and there was oral partition between partners of the firm. In above partition, plaintiff got suit property i.e. survey Nos. 69 and 70 on 13.1.1984. Partnership dissolution deed was executed on 13.01.1984. Plaintiff is owner of disputed property, i.e. survey Nos. 69 and 70. In the year 2016, defendants No. 1 to 3, illegally took possession of suit property. Plaintiff filed an application under section 250 of MPLRC before revenue court but this application is still pending and has not been decided till today. With aforesaid averments, plaintiff filed a present suit for delivery of possession, mesne profits and
Rejection of plaint – Respondents-original defendants cannot be permitted to take two contradictory stands before two different authorities/courts.
The court emphasized that a plaintiff cannot pursue a civil suit to establish title without challenging a binding order from a revenue authority.
The court affirmed that the provisions of Section 170-B of the MPLR Code protect the land rights of aboriginal tribes, and Civil Courts lack jurisdiction over matters exclusively under the MPLR Code.
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