AJITSINGH Vs. BHAGWANLAL MASTER

JUDGEMENT

(1.) A learned single Judge of this Court has referred the following question of law for opinion of this Bench :

(2.) In view of the terms of reference, it has become necessary for us to quote also paras 6 and 7 of the order of reference :

(3.) What is also stated in the order makes it clear that the learned single Judge had made the reference for the reason expressed precisely in para 5 that there were two views of Single Benches of this Court which were of conflicting nature and it was not possible to reconcile them. He considered the decisions cited at the Bar in support of the two views, one propounded in the case of Balkishan v. Tulsabai, AIR 1987 Madh Pra 120 and the other, in a short-noted decision of this Court in Munsisingh v. Tularam, 1980 2 MPWN 128 mainly, besides other decisions of this Court noted in the order. Munshisingh (supra), it was noted, found support in Panditram v. Atmaram, 1961 Jab LJ (SN) 199 and Lalitlal, Purohit v. Ghanshyam, 1965 0 MPLJ 98 and the decision in Sonba Keshao v. Rodrigues, AIR 1938 Nag 322. Balkishan (supra) had the support of the decision of another Single Bench of this court in the case of Chhitu v. Mathuralal, AIR 1981 Madh Pra 13. It was also noted that in support of the view in Balkishan and Chhitu, decisions of other Courts were cited, viz., Deshraj v. Om Prakash AIR 1986 Punj and Har 3 and the Full Bench decision in the case of Mamuda Khatin, AIR 1976 Cal 415.