Revenue Courts lack jurisdiction to decide title disputes when a civil suit is pending, necessitating a stay of proceedings.

Both the parties heard.

02. Petitioner has preferred this petition under Article 227 of the Constitution of India being aggrieved by the impugned order dated 20.12.2023 passed by the Additional Tehsildar and order dated 02.02.2024 passed by the Additional Collector, Indore with a prayer that till the pendency of the civil suit, the proceedings pending before the Revenue Court be stayed.

03. Brief facts of the case are that the respondent No.1 Rameshchandra has filed the application under Section 250 of M.P. Land Revenue Code before the Tehsildar Khudail, District Indore. On the basis of the aforesaid, the Tehsildar has passed an order for demarcation and demarcation report has been received on 26.06.2023, then application seeking permission has been filed during the pendency of the matter. The non-applicant has filed an application under Order VII Rule 11 read with Section 151 of CPC which has been dismissed by the Tehsildar vide order dated 01.09.2022. Thereafter, the petitioner has preferred a revision before the Additional Collector and same has also been dismissed vide order dated 02.02.2024, therefore, the petitioner has preferred this petition before this Court.

04. Learned counsel for the petitioner contended that the impugned order passed by both the below Revenue Authorities are against the law and fact and his application under Order VII Rule 11 r/w Section 151 of CPC has been dismissed by the Tehsildar without giving any opportunity to the opponent, therefore, the order is not sustainable. Hence, he prays that both the orders be set aside and till the pendency of the civil suit, matter be stayed.

05. Counsel for the respondent opposes the aforesaid prayer by supporting the impugned order passed by the below Revenue Authorities.

06. Considering all the facts and circumstances of the case, nature and gravity of the allegations and also taking note of the fact that admittedly a civil suit filed by the petitioner is pending before the 11th Civil Judge, Junior Division, Indore for declaration of title and permanent injunction.

07. The Coordinate Bench of this Court in case of Kusum Bai and others vs. Ummedi Bai passed i n MP No. 23/21 decided on 16.2.2021 in similar circumstances has held as under:-"From bare reading of the aforesaid section, it is seen that if a question of title is raised by any of the parties and if there is a dispute with respect to the documents on which on the basis of which the title is being claimed then the revenue courts shall stay the proceedings for a period of three months in order to facilitate the parties for institution of a civil suit for determining the question of title. The aforesaid section further makes it clear that the revenue Courts under the M.P. Land Revenue Code are not having any jurisdiction to decide the disputes with respect to the title of the property in question."

08. After considering the facts and circumstances of the case, this Court is of the considered opinion that the civil suit is pending between both the parties for declaration of title and permanent injunction, therefore, the Revenue Authorities are not having any jurisdiction determine the title of disputed land. Hence, impugned order dated 20.12.2023 passed by the Additional Tehsildar and order dated 02.02.2024 passed by the Additional Collector, Indore are unsustainable and are hereby set aside.

09. With the aforesaid, this Misc. Petition stands disposed of. Certified copy, as per Rules.