DEO RAGHUNATHJI BADA MANDIR Vs. PRAHLAD SINGH

JUDGEMENT

(1.) THIS is an appeal by the defendant No. 2 under Order 43 Rule 1 (u), CPC against order dated 4-9-2002 in Civil Appeal No. 109-A of 2002 of the IInd Additional District Judge, Camp Khurai, Sagar by which Civil Suit No. 81-A of 1992 has been remanded to the Trial Court.

(2.) PLAINTIFF Prahlad Singh filed the civil suit for declaration of title and permanent injunction in respect of the lands situated in Village Naupura, Tehsil Bina. According to the plaintiff he was granted Patta of these lands by the Sub-Divisional Officer and therefore, he became Bhumiswami of these lands. Subsequently these lands were recorded as "charokhar" and these have been given in exchange by the defendant No. 1 State of M. P. to defendant No. 2 Deoraghnathji. In the written statement it was denied that the Patta of the lands was given by the Sub-Divisional Officer to the plaintiff. It is also stated that the alleged Patta is not valid. The Trial Court framed six issues and recorded findings on each issue. The Trial Court was of the view that the civil suit was not maintainable as per Section 57 (2) of the M. P. Land Revenue Code, 1959. Reliance was placed by the Trial Court on a Single Bench decision of this Court in Hukum Singh v. State of M. P. , 2000 (1) M. P. H. T. 138. Therefore, the suit was dismissed.

(3.) THE plaintiff filed the appeal against the judgment and decree of the Trial Court before the Second Additional District Judge, Sagar. In the impugned order dated 4-9-2002 the Appellate Court relying upon the Full Bench decision of this Court in State of M. P. v. Balveer Singh, 2001 (3) M. P. H. T. 255 (FB) = 2001 (2) MPLJ 644, has held that the civil suit filed before the Civil Court was maintainable. The Full Bench has held that the determination of question of Bhumiswami rights lies within the province of the Civil Court excepting the cases falling within the ambit of those specified under Section 257 of the M. P. Land Revenue Code, 1959.