NATHURAM ARJUN Vs. SIYASHARAN HARPRASAD

JUDGEMENT

(1.) THIS is a Letters Patent Appeal from the Judgment of Mr. Justice Pandey.

(2.) NATHURAM has a field, Khasra No. 490, at village Mohana in Datia District siyasharan's field. Khasra No. 489, is adjacent to it. Siyasharan made an application before the Tehsildar on the allegation that Nathuram by constructing a bandhiya blocked his way which he had been using for long. This application was decided by the Tehsildar in favour of Siyasharan. The Tehsildar directed Nathuram to remove the obstruction and clear the way within 10 days. Nathuram appealed but did not succeed. Eventually, he filed a suit in the Civil Court for declaration that he is entitled to maintain the Bandhiya and for a declaration that the orders of the Tehsildar and the Revenue Commissioner are inoperative and ineffective. Siyasharan challenged the maintainability of the suit in the Civil Court and urged that it was barred. This objection found favour with the trial Court, the first appellate Court, and also the learned Single Judge in second appeal. However, the learned Single Judge certified the case fit for Letters Patent Appeal. Nathuram has preferred this appeal.

(3.) SIYASHARAN's application before the Tehsildar was under Section 131 of the madhya Pradesh Land Revenue Code 1959, (hereinafter referred to as "the Code" ). That section runs thus:--