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Madhya Pradesh High Court

Ram Gopal vs The State Of Madhya Pradesh on 9 March, 2022

Author: Arun Kumar Sharma

Bench: Arun Kumar Sharma

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         The High Court Of Madhya Pradesh
                   SA No. 1675 of 2021
                 (RAM GOPAL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 09-03-2022
     Shri Khalid Noor Fakhruddin, Advocate for the appellant.

     Record of both the courts below has been received.
     Heard on admission.
     This appeal is admitted on the following Substantial Questions of law :-

          (i)       "Whether the courts below are right in not considering the

    provision of Section 158 of Madhya Pradesh Land Revenue Code,
    1959 where persons holding land as occupant, Muafidar, Kashtkar,
    Krishak, agricultural occupant have become Bhumiswami as per Section
    158 of Madhya Pradesh Land Revenue Code. Both the courts below
    did not considered this legal point?.
          (ii)    Whether both Courts below are right in not considering the
    provisions of the Bhopal State Land Revenue Act, 1932 which was
    prevailing till year 1959 and the definition of Maufidar and agricultural
    occupant in this Act. Both the Courts below did not consider this legal

    point ?.
          (iii) Whether both the Courts below are right in not believing and
    trusting the documents filed by plaintiffs from Ex.P-2 to Ex.P-11 which
    are of year 1928 (1335) to year 1948 (1355) more than 30 years old as
    per Section 90 of Indian Evidence Act, 1872 presumption as to
    documents thirty years old ?
          (iv) Whether both the Courts below are right in allowing the
    defendants No. 1 and 5 to file written statement on 28.06.2012 and
    14.05.2012 respectively after two months without any extension by
    Hon'ble Court; specially when in remand order dated 01.11.2007 it was
    specifically mentioned that in case written statement is not filed within
    two months, the right to file written statement shall stand closed?"

     Issue notice for final hearing of this appeal as well as on IA No.8978/21 to
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                                        the respondents on payment of PF within seven days by both mode, returnable

within four weeks.

List after four weeks.

(ARUN KUMAR SHARMA) JUDGE vkv /-