CHHAGANIYA Vs. SURLI

JUDGEMENT

(1.) THIS is a second appeal filed by the defendant against the judgment/decree, dated 19.12.1984, passed by learned 1st Additional District Judge, Alirajpur, District - Jhabua, in C. A. No. 2-A of 1984, which in turn arises out of Civil Suit No. 19-A of 1978, decided by Civil Judge, Class II, Alirajpur, District - Jhabua, on 27.10.1984. It was admitted for final hearing on following substantial questions of law :--

(2.) HEARD Shri T.N. Singh, learned counsel for the appellant and Shri J.L. Jain, learned counsel for the respondents.

(3.) INDEED , the issue sought to be raised by the appellant (defendant) in this appeal is answered against the defendant (appellant). The issue is in relation to the jurisdiction of civil Court in entertaining the suit to decide the question of title. The submission of learned counsel for the appellant was that suit filed by the plaintiff is barred by the provisions of section 257 of MPLR Code. According to learned counsel, the issue of status of defendant in relation to suit land was decided in revenue Court in proceedings under section 190 of MPLR Code and the decision went in favour of defendant. It was his submission that the plaintiff being a party to this decision should have fried an appeal in the Revenue Courts rather than to file suit for declaration of his title in respect of suit land. It is this submission which did not find favour to the learned first appellate Judge, the same was rejected and it was held that suit for declaration of title can only be entertained and tried in civil Court.