NEK PARVEEN Vs. CHAMAKLAL

JUDGEMENT

(1.) DEFENDANT -appellants have directed this appeal against the judgment and the decree dated 23.10.98 passed by IV Addl. District Judge, Mandsaur, in Civil Appeal No. 3/98 thereby setting aside the judgment and the decree passed by the trial Court in Civil Suit No. 306-A/96 and remanding the case for disposal of the Civil Suit on merits.

(2.) BRIEFLY stated, the facts of the case are that the respondent Chamaklal, original plaintiff had filed Civil Suit No. 306A/96 in the Court of Illrd Civil Judge, Class-II, Mandsaur on the averments that the defendants (appellants) have unauthorisedly dispossessed him of the agricultural land situated in village Kitvani Tehsil and district Mandsaur, bearing Survey No. 38/1 Area 0.814 hectares recorded in his name in the bhumiswami rights. The plaintiff prayed for the restoration of his possession on the said land. The appellants-respondents in their written statement denied that the respondent is the recorded bhumiswami of the disputed land. They also denied unauthorised dispossession of the respondent from the suit land. The defendants also challenged the jurisdiction of the Civil Court with regard to the suit filed by the plaintiff in view of the provisions of Sec. 250 read with Sec. 257(X) of the M.P. Land Revenue Code, 1959.

(3.) THE only question arises for consideration in this appeal is that whether the Civil Court has jurisdiction to entertain a suit filed by a bhumiswami who is illegally dispossessed, for restoration of his possession based on title?