DEOCHAND Vs. MOOLCHAND

JUDGEMENT

(1.) THIS is defendants' second appeal. The respondents-plaintiffs No. 1 and 2 filed civil suit for declaration, possession and injunction against the appellants-defendants on the ground that the respondents No. 1 and 2 are Bhumiswami of land bearing Survey No. 272 (Khata No. 144) of 0.08 hectare. The trial Court decreed the suit of the respondents and lower appellate Court also confirmed the decree passed by the trial Court and dismissed the appeal filed by the appellants.

(2.) IT is not in dispute that over the said piece of land, which is around 1500 sq.ft. on some part of the land the appellants-defendants have raised construction and built Kuchha house.

(3.) SHRI Panjwani, learned counsel for appellants-defendants submits that in this case the provisions of section 250 of the M.P. Land Revenue Code (for brevity 'the Code') are applicable. In this connection the lower appellate Court have observed that the respondents-plaintiffs had also filed an application under section 250 of the Code but the same was dismissed on the ground that after the construction of Kuchha house over the land, the same did not remain as open land, therefore, Tahsildar dismissed the application under section 250 M.P.L.R. Code. Now his further contention is that under section 250 of the MPLR Code civil suit is barred. Both the Courts below have rejected this contention of the appellants-defendants that the civil suit is barred under section 257 of the Code. Both the Courts have consistently held that after the dismissal of the application by the Tahsildar under section 250 of the MPLR Code, the jurisdiction of the civil Court is not barred.