VIJAY KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) . It is a second appeal preferred by the plaintiff under section 100 of CP. Code against the judgment/decree, dated 13.12.2001, passed by learned Additional District Judge, Dhar in C.A. No. 24-A of 1997 which in turn arise out of Civil Suit No. 15-A of 1993, decided by Civil Judge, Class I, Manawar on 17.7.1997. The question that arise for consideration in this appeal is, whether it involves any substantial question of law as is required to be made out as a precondition to admit the appeal under section 100 of CP. Code?

(2.) HEARD Shri M.L. Agrawal, learned counsel for the appellants on the question of admission.

(3.) IT is a suit for declaration sought by the plaintiff. This declaration is sought on the strength of exhibit P-1, Perusal of exhibit P-1 shows that it is a Patta granted by the State in favour of one Narayan s/o Sadashiv. Admittedly, the aforementioned Patta is not in the names of plaintiff, nor their father. I, therefore, fail to appreciate that how and on what basis the plaintiffs then could claim any benefit on the said Patta which admittedly does not record their names or the name of their father through whom they could have been claimed as. There is no other document other than exhibit P-1 through which petitioners are claiming themselves to be the owners.