DATAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE brief facts which led to the filing of the suit out of which this appeal has arisen be noticed : The land in the hands of one Kammod Singh father of the appellant in this appeal was declared surplus. The plea taken by him before the revenue authorities was that his son i. e. , the appellant, Datar Singh, being a major, he is entitled to some more land was negatived. An order to this effect was passed by the Competent Authority on 26th October, 1983. It was specifically mentioned in the order that on the material available with the competent authority, Datar Singh was a minor. His age was below 18 years. Accordingly, land to the extent of 3. 790 hectares was declared surplus. This order passed by the competent authority was challenged in the civil suit out of which this appeal has arisen.

(2.) THE trial Court came to the conclusion that it has no jurisdiction to proceed with the suit on account of provisions contained in Section 46 of the Madhya Pradesh Land Ceiling on Agricultural Holdings Act, 1960 (hereinafter referred to as the Act ). The matter was taken up in appeal. The appellate Court agreed with the conclusions arrived at by the Court below and came to the conclusion that bar of section 46 of the Act would be attracted. It is this judgment and decree passed by both the Courts below which is being impugned in the present second appeal.

(3.) ACCORDING to the learned counsel for the appellant, the above provision would not be attracted because of the provisions contained in Section 11 (5) of the Act.