Smt. Tarasiya vs Ramlakhan
2021 Latest Caselaw 5252 MP

                                                                            AFR
     HIGH COURT OF MADHYA PRADESH, PRINCIPAL SEAT AT
                       JABALPUR

Case No.                          W.P. No. 3653/2019
Parties Name                      Smt. Tarasiya and Others
                                        vs.
                                  Ramlakhan and Others.
Date of Order                     09/09/2021
Judgment delivered by             Justice Vishal Dhagat
Whether approved for reporting yes
Name of counsels for parties      Petitioners: Shri Ashok Kumar Jain,
                                  Advocate.
                                  Respondents:Shri   Rakesh  Dwivedi,

Advocate.

Law laid down (8) Revenue Court does not have any jurisdiction to dwell upon the question of title of a party. Civil rights of the party are to be determined by Civil Court and not by Revenue Courts.

(9) In case of Jitendra (supra) Apex Court in paragraph-5 held as under:-

"...As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the Will, the party who is claiming title/right on the basis of the Will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made."

Significant paragraph numbers       8 and 9

                                 (ORDER)
                                (09.09.2021)

Learned counsel appearing for respondents submitted that respondent No.2

has died.

-:- 2 -:-

W.P No.3653/2019

2. Learned counsel appearing for petitioner submitted that no relief is

claimed against respondent No.2 and he does not want to bring on record

Legal Representatives of respondent No.2 in the writ petition.

3. Considering the said submission, writ petition against respondent No.2

and other LRs of respondent No.2/Thakurdeen except Ramrakhan is abated.

4. Petitioner has filed this writ petition challenging order dated 07.02.2019

contained in Annexure-P/10 passed by Additional Commissioner Linc Court-

Satna/Sidhi, Rewa Devision, Rewa (MP).

5. Learned counsel for the petitioners submitted that Tehsildar has passed

an order of mutation on basis of Will dated 14.10.2009 in favour of respondent

No.1. Thereafter, non-applicants before Tehsildar preferred an appeal before

Sub Divisional Officer. Sub Divisional Officer set aside the order of mutation

dated 30.06.2017. Respondent No.1 preferred an appeal before Additional

Commissioner which was allowed and order passed by S.D.O. was set aside.

Learned counsel for the petitioner further submitted that Additional

Commissioner committed an error of law in setting aside the well reasoned

order passed by S.D.O. Tehsildar does not have any jurisdiction to consider a

disputed Will and pass order of mutation. He relied upon order dated

06.09.2021 passed in Special Leave Petition (C) No.13146/2021 {Jitendra

Singh Vs. State of Madhya Pradesh & Others}.

6. Learned counsel for respondents opposed the said contention of counsel

for petitioner and submitted that Additional Commissioner has considered all

the issues and evidences available on record and has passed a reasonable and

proper order. There is no error in the order of Additional Commissioner.

7. Heard the counsel for the parties.

-:- 3 -:-

W.P No.3653/2019

8. Revenue Court does not have any jurisdiction to dwell upon the

question of title of a party. Civil rights of the party are to be determined by

Civil Court and not by Revenue Courts.

9. In case of Jitendra (supra) Apex Court in paragraph-5 held as under:-

"...As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the Will, the party who is claiming title/right on the basis of the Will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made."

10. Additional Commissioner, Rewa Division, Rewa committed an error of

law in quashing the order passed by S.D.O. Hence, order passed by Additional

Commissioner, Rewa Division, Rewa is quashed and writ petition filed by

petitioner is allowed.

(VISHAL DHAGAT)

JUDGE

shabana Digitally signed by SHABANA ANSARI Date: 2021.09.11 15:21:12 +05'30'