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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
DEEPAK KHOT
Shiv Kumar Vaishya – Appellant
Versus
Shubhkaran Vaishya – Respondent
| Table of Content |
|---|
| 1. establishing the case facts and procedural history. (Para 1 , 2) |
| 2. parties' contentions regarding partition and revenue jurisdiction. (Para 3 , 4 , 5 , 6) |
| 3. revenue authorities lack jurisdiction over title disputes. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. title claims must be adjudicated by civil courts. (Para 15) |
| 5. quashing revenue orders for lack of jurisdiction. (Para 16 , 17 , 18) |
ORDER
The present petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
7.1 To call for the entire records of the learned Courts below for kind perusal of this Hon’ble Court.
7.2 To issue an appropriate writ/direction to set aside the orders dated 7/12/2012 (Ann.P-4) passed by the Learned Revenue Board Gwalior and 15/5/2008 (Annexure P-1) passed by the Learned Naib Tehsildar and further be pleased to restore the order of the Learned SDO dated 31/7/2008 (Ann.P-2) and order dated 19/6/2009 (Annexure P-3) passed by the Additional Commissioner Rewa, Division Rewa (M.P.), in the interest of justice.
7.3 Any other suitable relief deemed fit in the facts and circumstances of the case may also kindly be granted together with the cost of the presen
Revenue authorities lack jurisdiction to adjudicate title disputes in partition proceedings. A person not recorded as a landholder in revenue records must first obtain a declaration of title from a c....
Civil Courts cannot adjudicate matters concerning partition as per H.P. Land Revenue Act, Section 171, which restricts jurisdiction in partition disputes, asserting that remedy lies within revenue au....
Unregistered Wills granting limited interests do not negate partition rights unless claims about the nature of interests are timely raised during consolidation proceedings, reinforcing exclusive juri....
The jurisdiction of civil courts is barred under Section 154(1)(e) of the Assam Land Revenue Regulation if the plaintiff is not in possession of the land and fails to meet the conditions for imperfec....
The court affirmed that Bhumiswami rights cannot be transferred without proper permissions as mandated by the Land Revenue Code, and the petitioners failed to establish valid occupancy rights.
The Revenue Court has no jurisdiction to decide the genuineness of a Will, and only the Civil Court can determine the genuineness of a Will.
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