GAJANAND Vs. GAPPU LAL MEENA

JUDGEMENT

(1.) By order dated 29/12/1969 passed by the Naib Tahsildar, sanction was accorded for partition of the land in question. The plaintiff Mst Nabbo instituted a civil suit in respect of the said land against the appellant and others, seeking a declaration of title and permanent injunction restraining them from taking possession from her. In the suit, challenge was also made to the aforesaid order dated 29/12/1969 on the ground that the plaintiff Nabbo was not served in the proceedings of partition that had been initiated under s. 178 of the Madhya Pradesh Land Revenue Code. One of the issues before the civil court was whether the notice had been served on Nabbo or not. The trial court on appreciation of oral as well as documentary evidence, came to the conclusion that there was proper service and the partition order dated 29/12/1969 was correctly passed by initiating ex parte proceedings against Nabbo. The order of the trial court was affirmed in first appeal.

(2.) In the second appeal filed under S. 100 by the legal representatives of Nabbo, she having died in the meanwhile, the High Court has set aside the concurrent finding of facts and decreed the suit and hence this appeal on grant of leave.

(3.) By the impugned judgment, the High Court on reappreciating a part of the evidence, has come to the conclusion that the service of proceedings of partition by the Revenue Court, Ext. D-8, upon Nabbo was not proper and in the circumstances the order of partition by the Revenue Court is not binding on the plaintiff.