RANVIR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This matter has been heard on the following substantial question of law:-

(2.) Briefly stated facts are that the plaintiff/appellant claimed Bhumiswami rights in respect of the suit land which is opposed by the defendants on the ground that the same is a government land being Charnoi.

(3.) In the case of Ramgopal v. Chetu (1976 JLJ 278), Chetu was claiming Bhumiswami rights against Ramgopal. This being so, it was held that civil Court has jurisdiction to decide question of title. Since in the present case, declaration of title is being sought against the State Government, the case is squarely covered by the Full Bench decision of this Court in the case of State of Madhya Pradesh v. Balveer Singh 2001 RN 343=2001 (1) MPJR 546]. In such a situation, the rights are first to be decided by SDO under sub-section (1) of section 57 of M.P. Land Revenue Code, 1959.