BHERU Vs. STATE OF M P

JUDGEMENT

(1.) Shri D.S. Kale Advocate for applicants. Presently, the point for consideration is whether appeal by or on behalf of dead person is competent?

(2.) For deciding this question, it is sufficient to mention that plaintiffs Bheru (since deceased) and Ramsingh filed a suit challenging the show-cause notice issued by Tehsildar Badnavar under section 248 M.P. Land Revenue Code and sought a declaration of title and permanent injunction.

(3.) Despite opposition, the suit was decreed by the trial Court. Respondents therefore carried the matter in First Appeal which was allowed by the impugned judgment and decree dated 23-11-2011 and the suit was dismissed.