1985 Supreme(MP) 20

J. S. Verma, J.
Siphiya v. Ramdaswa.
S. A. No. 477 of 1979 (J); Decided on 8-1-1985.

Headnote:(1) Land Revenue Code, 1959 (M. P.) -- Ss. 257 and 250 -- civil suit for possession based on title -- not barred.

        (2) Civil P. C., 1908 -- S. 9 -- civil suit for possession of agricultural land based on title -- triable by civil Court.

        This is plaintiffs second appeal. The Courts below have held that the suit is not cognizable by a civil Court and is barred under section 257 of the M. P. T and Revenue Code, 1959. The only question is whether this conclusion reached by the Courts below is contrary to law. In my opinion this appeal has to be allowed.

        Held : The plaintiffs suit is for possession based on title. A perusal of the plaint averments as a whole makes it clear. This being so, the matter is beyond controversy in view of the decision of this Court in Nathu v. Dilabande Hussain (1964 JLJ 707). The conclusion reached by the Courts below that the plaintiffs remedy lay only in the revenue Court under section 250 of the M. P. Land Revenue Code and the suit is not cognizable by a civil Court is, therefore, clearly contrary to law. The Courts below have misconstrued the provisions contained in section 250 and 257 of the M. P. Land Revenue Code and have also overlooked the aforesaid decision of this Court construing these provisions. 1964 JLJ 707 relied on. Appeal allowed.