SHEIKH AMIR Vs. PEETAR SINGH (DIED AND DELETED)

JUDGEMENT

(1.) This is plaintiffs' second appeal admitted on the following substantial question of law: -

(2.) "Clause (m)" of Section 257 mentioned in the substantial question of law be read as clause (y) of Section 257 of the M.P. (C.G.) Land Revenue Code, 1959.

(3.) The two plaintiffs filed suit for declaration of title, permanent injunction and damages stating inter alia that they have nistari rights over the suit tank known as Purena Talab situated at Gram Barar, Tahsil Kota, District Bilaspur and the Gram Panchayat has no right to lease out the said tank for fishing purpose to the other defendants for ten years and the defendants be restrained from irrigating their lands for nistari purpose in which the defendants filed written statement and held that the suit tank is owned by the State and at the instructions of the State, it is managed by the Gram Panchayat and has been vested in the State under Section 251 of the M.P. (C.G.) Land Revenue Code, 1959 (for short, 'the Code') and as per the instructions of the Fisheries Officer dated 13-1-1989, it has been leased for ten years to defendant No.1 by Gram Panchayat Ratkhandi.