GYAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree passed by Appellate Court holding the civil suit to be not maintainable, the plaintiff has knocked the door of this Court by preferring an appeal under Section 100 of CPC.

(2.) NO exhaustive statement of facts are necessary for the disposal of this appeal, suffice it to say that a suit under Section 11 (5) of M. P. Ceiling on Agricultural Holdings Act, 1960 (in short 'the Act') was filed by the plaintiff. Averments of the plaint were denied by the defendants by filing their separate written statement. The learned Trial Judge after framing issues and recording the evidence came to hold that there is merit in the case of the plaintiff and eventually decreed the suit. An appeal was preferred by the State of M. P. , before First Appellate Court which was allowed and the suit of the plaintiff was dismissed on the ground that the same is not maintainable and the Civil Court has no jurisdiction to entertain the suit. Hence, this appeal.

(3.) THIS appeal was admitted on 10-4-1997 on the following substantial questions of law :- (