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Madhya Pradesh High Court · body

2011 DIGILAW 1230 (MP)

Jagdish v. Radhu Singh

2011-11-01

P.K.JAISWAL

body2011
JUDGMENT 1. Heard on the question of admission. 2. This appeal is filed by the plaintiffs against the judgment and decree dated 10.11.2010 passed by the Additional District Judge, Indore by which the learned appellate Court reversed the finding recorded by the trial Court and dismissed the suit. 3. Learned counsel for the appellants has submitted that agricultural land bearing Survey Nos. 109/2/4A, 18/2/1 & 18/2/2/2 of village Alwasa, tehsil Sanwar belongs to the present appellants adjoining to the land and they had used the land between the fields for their own path and no other person is entitled to use the personal field as path. It is also not in dispute that behind the land of Khasra No. 109/2/4, the land of defendants (Khasra No. 18/1/2 and 18/2) is situated. 4. It is submitted that the learned trial Court considering these facts decreed the suit of the appellants, but the learned appellate Court below committed an error in reversing the decree. It is also submitted that the proceedings under section 131 of the M.P. Land Revenue Code, 1959 has been concluded before the revenue authority and the learned lower appellate Court without considering the said fact directed that the outcome of the proceedings of the revenue authority, which is pending between the parties shall be binding on them. 5. From the statements of Jawantsingh (PW 1) and Jagdish it is not in dispute that the land in question was purchased from the relatives of the defendant Radhusingh. Defendants’ witness Smt.Hanja Bai in her statement has deposed that the land in question was earlier in exclusive possession of the defendants and they were owner of the land. The plaintiff had purchased the said land from the uncle of the defendant and there no private road over the land in question and the road is up to the agricultural field of the defendants. 6. Considering the fact that the dispute between the parties is pending before the revenue authority under section 131 of the M.P. Land Revenue Code and no document has been filed that the matter is finally decided by the revenue authority, the lower appellate Court rightly held that the order of revenue authority is binding on them. 7. 6. Considering the fact that the dispute between the parties is pending before the revenue authority under section 131 of the M.P. Land Revenue Code and no document has been filed that the matter is finally decided by the revenue authority, the lower appellate Court rightly held that the order of revenue authority is binding on them. 7. On perusal of the reasonings assigned in paragraph 8 of the impugned judgment, which is based on the admission made by the appellants, this Court is of the view that the finding recorded by the learned lower appellate Court is a finding of fact based on the admission of the appellants .No substantial question of law arises in this appeal. The appeal filed by the appellant has no merit and is, accordingly, dismissed. Consequently,I A No.281/11 also stands dismissed.