LAWS(MPH)-2000-5-57

STATE OF M P Vs. BALVEER SINGH

Decided On May 16, 2000
STATE OF M P Appellant
V/S
BALVEER SINGH Respondents

JUDGEMENT

(1.) FINDING a mist of confusion in the scheme underlying the provisions of the Madhya Pradesh Land Revenue Code, 1959, in regard to the exclusion of the jurisdiction of the Civil Court in the matters relating to various rights which may require adjudication of the disputes relating thereto which mist instead of being removed was felt to have been densified in view of the various decisions of this Court, two learned single Judges of this Court thought it appropriate to refer the questions of law framed by them for being considered and answered by a Full Bench so that the position in law may be clarified and this is how this matter has come up for consideration before the present Full Bench constituted by Hon'ble the Chief Justice.

(2.) ONE of the learned single Judges while hearing the aforementioned four second appeals involving the substantial question of law as to whether in view of the provisions of section 57 of the Madhya Pradesh Land Revenue Code, the civil Court has jurisdiction to try the suit filed by the plaintiff for declaration of bhumiswami rights framed the following questions of law which required to be decided by the Full Bench:--

(3.) WE have heard the learned counsel for the parties including the amicus curiae, Shri R.D. Jain, Senior Advocate as well as Shri S.B. Mishra, Senior Advocate and have carefully perused the various provisions of the Madhya Pradesh Land Revenue Code, 1959.