MADHO SINGH AND ORS. versus MONI SINGH (D) BY LRS. AND ORS.

MADHO SINGH AND ORS. versus MONI SINGH (D) BY LRS. AND ORS.

The suit filed by villagers in representative capacity for declaration and permanent injunction over grazing land is maintainable and not barred by Section 257 of the M.P. Land Revenue Code, 1959. When villagers are not made parties in proceedings before revenue authorities, civil court jurisdiction is available for their rights.

Parties
Appellants: Madho Singh and Others; Respondents: Moni Singh (D) by LRs and Others
Jurisdiction
India
Judgment Date
30 August 2004
Procedural Posture
Civil Appeal / Appeal Against High Court Order in Second Appeal No. 302 of 1982
Outcome
Appeal allowed; High Court order quashed and matter remitted to High Court for fresh consideration.
Legal Topics
Jurisdiction of Civil Court, Maintainability of Suit, Representative Suit, Grazing Land, Permanent Injunction
Land Revenue Civil Procedure Jurisdiction of Civil Court Maintainability of Suit Representative Suit Grazing Land Permanent Injunction

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Parties

Madho Singh and Others

Appellants

Moni Singh (D) by LRs and Others

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order in Second Appeal No. 302 of 1982

Legal Issues

  1. 1 Whether suit for declaration and permanent injunction regarding grazing land is barred by Section 257 of M.P. Land Revenue Code, 1959
  2. 2 Whether civil court has jurisdiction to decide disputes when villagers are not parties in earlier proceedings before revenue authorities

Ratio Decidendi

The suit filed by villagers in representative capacity for declaration and permanent injunction over grazing land is maintainable and not barred by Section 257 of the M.P. Land Revenue Code, 1959. When villagers are not made parties in proceedings before revenue authorities, civil court jurisdiction is available for their rights.

Court Disposition

Appeal allowed; High Court order quashed and matter remitted to High Court for fresh consideration.

Orders

  • Matter remitted to High Court to decide afresh holding suit maintainable and taking appropriate decision in accordance with law.
  • No order as to costs.