Jamna Chamar vs Parsu Kachi Patel
2022 Latest Caselaw 3662 MP

                                                                              1
                                                     The High Court Of Madhya Pradesh
                                                               SA No. 916 of 2021
                                                             (JAMNA CHAMAR Vs PARSU KACHI PATEL AND OTHERS)

                                  Jabalpur, Dated : 15-03-2022
                                          Mr. Aman Chourasia, learned counsel for the appellant.

                                          Mr. Mukund Agrawal, learned Government Advocate for the State.
                                          Record of both the courts below has been received.
                                          Heard on the question of admission.
                                          This appeal is admitted on the following substantial questions of law:-
                                          i.          Whether, learned First Appellate Court is justified in reversing the well

                                  reasoned Judgment and Decree of the Trial Court and decreeing the suit without
                                  recording cogent and affirmative findings in support of its conclusion ?.
                                          i      i    .     Whether, learned First Appellate Court completely failed to
                                  interpretate the law and provisions laid down under 'The Madhya Pradesh Samaj
                                  Ke Kamjor Vargon Ke Krishi Bhumi Dharaon Ka Udhar Dene Walon Ke Bhumi
                                  Hadapne Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 ?.
                                          iii.            Whether, learned First Appellate Court is justified in deciding the
                                  appeal after ignoring the fact that in civil law no relief can be granted only on the
                                  basis of presumptions only ?.

                                          Issue notices on I.A. No.4722/2021 to the respondents on payment of

process fee within a period of seven working days by both modes.

Notices be made returnable within four weeks. In the meanwhile, both the parties are directed to maintain status quo till next date of hearing.

List the matter after four weeks.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.03.16 16:54:45 IST