HUKAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The suit filed by the appellant claiming bhumiswami rights over the land in question was decreed by the trial court. The first appeal filed by the defendants, aggrieved by the decree of the trial court, was allowed and the decree passed by the trial court was set aside. The plaintiffs, who are the appellants herein, took up the matter before the High Court. The High Court, by the impugned judgment, interpreting the provisions of Sec. 57(2) of the Madhya Pradesh Land Revenue Code, 1959 (for short "the Code") dismissed the second appeal holding that the civil court had no jurisdiction. The High Court had admitted the second appeal on the following two substantial questions of law:

(3.) On the first substantial question of law, the High Court, referring to the Division Bench Judgement of the High Court as well as the Judgement of the Full Bench of the High Court in Ramgopal Kanhaiyalal V/s. Chetu Batte found that the suit filed by the appellants was not maintainable.