ANJORE DAS Vs. STATE OF CHHATTISGARHLABIC

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff No.1's second appeal is as under:-

(2.) Plaintiff No.1 Anjore Das and two others filed a suit for declaration of their title and permanent injunction stating inter alia that the suit tank bearing Khasra No.159, area 3.14 acres, and embankment of the suit tank bearing Khasra No.143, area 10.63 acres, was given to the plaintiffs in partition prior to the Abolition of Proprietary Rights and as such, they are the owners and title holders of the suit land which has been vested with the State Government under Section 251 of the Chhattisgarh Land Revenue Code, 1959 (for short, 'the Code') contrary to law and therefore title be declared in their favour and injunction be granted. In the said suit, defendant No.1 and other defendants remained ex parte.

(3.) The trial Court after appreciating oral and documentary evidence on record held that the suit tank with its embankment were vested with the State Government by the order of the competent authority under Section 251 of the Code vide order dated 19-2-1964 (Ex.P-9) and by virtue of the provisions contained in Section 257(y) of the Code, the jurisdiction of civil court is barred which has been upheld by the first appellate Court and in second appeal, substantial question of law has been framed which has been set-out in the opening paragraph of this judgment.