Madhya Pradesh High Court
Durga Prasad Patel vs The State Of Madhya Pradesh on 28 January, 2025
Author: Avanindra Kumar Singh
Bench: Avanindra Kumar Singh
1 SA-2264-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 2264 of 2023
(DURGA PRASAD PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS ) Dated : 28-01-2025 Dr. Anuvad Shrivastava - Advocate for the appellant.
Record is received.
Heard on Admission.
Learned counsel for the appellant/plaintiff submits that he has lost both the courts. There is concurrent finding against the plaintiff.
It is submitted that both the courts ignored the fact regarding exparte order dated 02.07.1994 of Registrar, Public Trust (Ex.P/7), in which, it was stated that appellant/plaintiff refused notice, however no evidence was recorded and no enquiry was conduct under Order 5 Rules 17 and 19 of CPC in the light of document (Ex. P/14).
It is further submitted that both courts did not consider validity of Tamleek Nama dated 17.03.1964 (Ex.P/1) which restricts the authority of subsequent Sarvarahakar i.e. Bhooribai. On this, learned counsel relied that Section 10 of the Transfer of Property Act and document (Ex.P/1) may be seen.
Another ground which is raised in appeal is that order dated 17.05.1999 passed by Registrar Public Trust (Ex.P/4) is bad in law as the person appointed by this order Shri Niranjay Patel had already expired. it is further stated that no inquiry was conducted whether the disputed Signature Not Verified Signed by: NIRAJ KUMAR CHOUDHARY Signing time: 29-01-2025 18:31:50 2 SA-2264-2023 temple is a public temple or a private temple. In terms of Sections 4 & 5 of M.P Public Trust 1951 and Rule 5 of M.P. Public trust, Rule 1962.
It is also submited that no proper appreciation has been made regarding fact that whether Bhuri Bai had validly cancelled her own Tamleek Nama (Ex.P19) dated 16.10.1973 by her registered will 25.03.1985 (Ex.P/5).
Case is reserved for order on admission.
(AVANINDRA KUMAR SINGH) JUDGE NRJ Signature Not Verified Signed by: NIRAJ KUMAR CHOUDHARY Signing time: 29-01-2025 18:31:50