KAILASH CHANDRA Vs. STATE OF M. P.

JUDGEMENT

(1.) APPELLANTS had brought a suit against the respondent State of Madhya Pradesh for declaration that order dated 8 -1 -1968 passed by Collector, Shajapur exercising his revisional jurisdiction under section 50 of the M. P. Land Revenue Code was illegal and without jurisdiction and also seeking permanent injunction restraining the respondent from interfering with their possession.

(2.) THE lands described in the plaint had been allotted to the plaintiffs -appellants by Tahsildar Shajapur in Bhumiswami rights vide order dated 13 -2 -1964 under section 162 of the M.P. Land Revenue Code (the Code hereafter). However, the Pattas granted to the appellants conferring Bhumiswami rights on them under section 162 of the Code were cancelled by the Collector vide dated 8 -1 -1968 exercising his powers of revision under section 50 of the Code. Appeal and revision against the order of the Collector dated 8 -1 -1968 before the Commissioner and the Board of Revenue were dismissed. Appellants, therefore, instituted a suit claiming a declaration that the order of the Collector cancelling the grants was without jurisdiction and the State be restrained from interfering with appellants' possession.

(3.) BOTH the Courts below held that the order passed by the Collector cancelling the grants was valid and legal and the same could not be challenged in this suit. It was further held that the suit was barred under section 257 of the Code. The Court below found that the appellant were never put in possession of the suit lands. Appellants' claim, therefore, was dismissed by the trial and the first appellate Court.