Madhya Pradesh High Court
Datar Singh vs Kailash & Anr. on 12 July, 2017
1 SA.75/2003.
12/07/2017
Shri N.K. Gupta, learned senior counsel with Shri Sanjay
Sharma, counsel for the appellant.
Shri Vilas Tikhe, learned counsel for the respondent No.1
Heard on admission.
The appeal under Section 100 CPC has been preferred by the appellants against the judgment and decree dated 21.12.2001 passed by the 2nd Additional District Judge, Guna in Appeal No. 10A/2001 which was preferred against the judgment and decree dated 12.03.2001 passed by Additional Civil Judge Class-II Guna in Civil Suit No. 21A/2000.
The appeal involves and is admitted on the following substantial questions of law :-
(I) Whether in view of the averments made in the plaint, the plaintiff sublet the disputed land on Adh-
Batai to the defendant in contravention of Section 168 of M.P. Land Revenue Code (MPLRC) whereby defendant has acquired occupancy rights under Section 169 of MPLRC and therefore, judgment and decree declaring the plaintiff as Bhoomiswami is liable to be set aside?
(ii) Whether in view of the contents of the compromise application, violation of Section 165(7)(7-
b) of MPLRC the plaintiff is denuded with the rights for restoration of possession over the disputed property ?
(iii) Whether the trial court erred in taking on record the Patta granted under the provision of M.P. Bhoodan Yagya Adhiniyam, 1968?
Also heard on IA No. 595/2003, an application under Section 151 C.P.C.
The parties are directed to maintain status quo in respect of the suit property as it exists today.
Shri Vilas Tikhe, counsel accepts notice on behalf of private respondent for final hearing. Therefore, no fresh notice is required to be issued for service of respondent.
Shri C.R. Roman, Govt. Advocate accepts notice on behalf 2 SA.75/2003.
of respondent No.2.
List in the matter for further orders on 24th August, 2017. In addition, copy of appeal memo be provided to the office of Advocate General.
CC as per rules.
(Anand Pathak) Judge sarathe