TOLARAM Vs. MADANLAL

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(u) of the Code of Civil Procedure has been preferred by defendants No.1 and 2, being aggrieved by the order dtd. 11/7/2023 passed in Regular Civil Appeal No.14/2023 by the District Judge, Tarana, District Ujjain setting aside the judgement and decree dtd. 3/8/2021 passed in RCS No.32-A/2021 by the Second Additional Civil Judge, Senior Division, Tarana, District Ujjain and remanding the matter back to it for decision on merits.

(2.) The facts of the case in brief are that defendants No.1 and 2 had filed an application under Sec. 131 of M.P. Land Revenue Code, 1959 (hereinafter referred to as 'the Code') before the Tehsildar in respect of right of way. By order dtd. 18/3/2020, the said application was allowed by the Tehsildar being aggrieved by which the plaintiff preferred an appeal under Sec. 44 (1) of the Code before the Sub Divisional Officer, Tarana which was dismissed by him by order dtd. 1/3/2021. Challenging these orders, suit was filed by the plaintiff for permanent injunction restraining defendants No.1 and 2 from interfering with his possession over his lands and for declaration that the order dtd. 1/3/2021 passed by the Sub Divisional Officer and the order dtd. 18/3/2020 passed by the Tehsildar are illegal and deserve to be set aside.

(3.) Upon entering appearance, defendants No.1 and 2 filed an application under Sec. 80 of the CPC read with Ss. 131, 257 of the Code for rejection of the plaint on the ground of the same being barred by law. It was submitted that the revenue authorities have exclusive jurisdiction to decide dispute as regards a right of way under Sec. 131 of the Code and the decision rendered therein cannot be challenged by way of a civil suit in view of the bar contained in Sec. 257 of the Code. The suit challenging such orders passed by the revenue authorities is hence clearly barred. It was also submitted that no notice was issued by the plaintiff under Sec. 80 of the CPC prior to filing of the suit which was necessary since orders passed by the revenue authorities were being challenged.