NARAIN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE plaintiff appellant has filed this appeal against the judgment dated 14th September 1981 of the learned 1st Addl. District Judge Shajapur in Civil Regular Appeal No. 156A/80 by which the learned Judge has affirmed the decree passed by Civil Judge, Class II, Agar in C.S. No. 66A/76 dated 26.6.1980.

(2.) THE appellant had filed a suit in accordance with sub-section (5) of Sec. 11 of M.P. Ceiling on Agricultural Holdings Act, 1960 (hereinafter shall be referred to as 'the Act') against the draft statement issued by the competent authority under the said Act declining claim of the appellant to treat him as a member of the family for the purposes of entitlement to hold land under the provisions of Sec. 7 of the Act. Th claim of the appellant was that on the appointed day he being a member of the family within the meaning of Sec. 2(gg) of the Act and as such entitled to hold 54 acres of dry land prescribed as maximum by Sec. 7(b) of the Act in the case of a family. Both the Courts held that parents were not included in the definition of the family with the result the plaintiff (appellant) was not entitled to make a claim on the ground that he being a member of the family, was entitled to hold land upto the limits prescribed in Sec. 7(b) of the Act The Second Appeal preferred against the judgment and decree of the Courts below has been admitted on the following question of law :

(3.) ,5,12 and 14 of the Indian Limitation Act, The appellant shall be free to make an appropriate application alongwith the appeal if so advised. 4. In view of the fact that in respect of the subject matter of the suit, the Civil Court did not have the jurisdiction in the face of the bar created by Sec. 46 of the Act, it is not necessary to decide the question of law formulated in the present appeal. Consequently this appeal is dismissed. The parties are, however, left to bear their own costs of this appeal.