BABU KHAN AND ORS. versus NAZIM KHAN (DEAD) BY LRS. AND ORS.

BABU KHAN AND ORS. versus NAZIM KHAN (DEAD) BY LRS. AND ORS.

Proceedings under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 are not summary and require determination of title; a pucca tenant dispossessed must first exhaust the remedy under Section 91 before approaching a civil court for recovery of possession under Section 93; the institution of proceedings under Section 91 halts the running of limitation for adverse possession against the tenant.

Parties
Appellants/plaintiffs: Babu Khan and Ors.; Respondents/defendants: Nazim Khan (dead) by LRs. and Ors.
Jurisdiction
India
Judgment Date
16 April 2001
Procedural Posture
Civil Appeal / Appeal From Judgment and Order Dated 19.7.96 of the Madhya Pradesh High Court in S.a. No. 49 of 1981
Outcome
Appeal allowed.
Legal Topics
Reinstatement of Tenant, Limitation, Jurisdiction of Civil Courts, Adverse Possession
Land Law Civil Procedure Reinstatement of Tenant Limitation Jurisdiction of Civil Courts Adverse Possession

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Parties

Babu Khan and Ors.

Appellants/plaintiffs

Nazim Khan (dead) by LRs. and Ors.

Respondents/defendants

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 19.7.96 of the Madhya Pradesh High Court in S.a. No. 49 of 1981

Legal Issues

  1. 1 Whether proceedings under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 are summary in nature
  2. 2 Whether a civil suit for possession by a pucca tenant is maintainable without resort to remedy under Section 91
  3. 3 Whether the filing of application under Section 91 arrests adverse possession for limitation purposes

Ratio Decidendi

Proceedings under Section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950 are not summary and require determination of title; a pucca tenant dispossessed must first exhaust the remedy under Section 91 before approaching a civil court for recovery of possession under Section 93; the institution of proceedings under Section 91 halts the running of limitation for adverse possession against the tenant.

Court Disposition

Appeal allowed.

Orders

  • Judgment of the High Court is set aside.
  • The suit of the appellants/plaintiffs is restored as not barred by limitation.