civil Court. He further argues
that as per Section 168 of MPLRC, it is not necessary to
produce in writing the lease agreement ... basis of the
provision of Sections 169 and 190 of the MPLRC. He
submits that as per the Section 257(o) of MPLRC, the
conferral
title u/s. 190 of the M.P. Land Revenue Code
(MPLRC), therefore, the same right was inherited by defendant No.7
and became Bhoomi ... Land Revenue Code, 1959 ( hereinafter referred to as the
MPLRC). According to the petitioners /defendants, the plaintiffs are
seeking a declaration that the order passed
under Section 250 of Madhya Pradesh Land Revenue Code
(for brevity "MPLRC") was passed against the petitioner
herein directing removal of encroachment made ... Aggrieved, the
petitioner herein preferred an appeal u/S.44 of the MPLRC
before the SDO. This appeal of the petitioner suffered
dismissal
matter assailing the order of Tahsildar
passed u/S.248 of MPLRC, relegated the petitioner to avail remedy of
first appeal ... MPLRC to the Collector instead of SDO on the
strength of submission made by the petitioner in W.P.No.16/2016 that
placed reliance
on the provisions of Sections 185 and 169 of the MPLRC and
submits that revenue entry of 1971-72 was not challenged ... also been placed on the provisions
contained in Section 169 of the MPLRC which provides that if a
Bhumiswami leases out for any period
under Section 165(6) of MP Land Revenue Code ( in short
"MPLRC"). The said proceedings were decided in favour of Ratanlal
and suit ... bonafide and has dismissed the
application. He submits that Section 257 of MPLRC clearly states that
no civil court shall exercise jurisdiction over
present
petitioner has preferred a revision under Section 50 of the MPLRC before
the learned Board of Revenue which was decided vide order ... petitioner had
referred Section 47 and Section 53 of the MPLRC. While referring those
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time
that even after dismissal of their
application under Section 250 of the MPLRC, the defendants cannot say that
they were in possession of the suit ... that the defendants themselves filed an
application under Section 250 of the MPLRC for recovery of possession
against the plaintiffs which was dismissed by Tehsildar
there being an
3
order passed under Section 250 of the MPLRC against the plaintiff,
whereby holding the defendants to be in possession ... finding of possession recorded in the order of
Section 250 of MPLRC, the findings recorded by learned Courts below in
respect of dispossession
plaintiff before Sub-Divisional Officer under Section 250 of the MPLRC
(Ex.P/11 to Ex.P/16) it is clear that plaintiff filed said