RAM KUSHAL SINGH Vs. DALDAL BALI

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS is plaintiffs' second appeal directed against the judgment and decree dated 9.9.2003 by Third Additional District Judge, Satna in Civil Appeal No. 116 -A/2003; affirming the judgment and decree dated 2.3.1992 passed by Civil Suit No. 24 -A/1991 by the Additional Civil Judge Class I, Satna.

(3.) THE plaintiffs preferred an application before Sub - Divisional Officer, Raghurajnagar, Satna vide Revenue Case No. 191/A -64/68 -69, wherein vide order dated 20.4.1970 (Ex.P -11), Sub -Divisional Officer directed for deleting the entry of suit land from Wazib -ul -arz on a finding that the same was not customarily used as 'Nistar'. In appeal, the Appellate Court, however, reversed the order by its order -dated 22.12.1970 (Exhibit P -6) on the findings that the condition stipulated under Section 242(5), having not being fulfilled i.e. -