Bhagwan Das vs Chaturbhuj @ Chaitram
2022 Latest Caselaw 4119 MP

                                      1
    IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                 SA No. 140 of 2018
              (BHAGWAN DAS AND OTHERS Vs CHATURBHUJ @ CHAITRAM AND OTHERS)

Dated : 24-03-2022
       Mr. Sanjay Kumar Patel, learned counsel for the appellants.
       Mr. Manoj Kushwaha, Advocate for respondent no.1.

Mr. Devendra Kumar Shukla, learned Panel Lawyer for the respondent no.2/State.

A cross-appeal has also been filed by respondent no.1 challenging the same impugned judgment and decree against which this present second appeal has been

filed by the appellants.

Record of both the courts below has been received. Heard on the question of admission. This second appeal as well as cross-appeal are admitted on the following substantial questions of law:-

i. " Whether, the trial Court has framed the issue with regards to Ex.P/1 lease granted by the Gram Panchayat under the provisions of M.P.L.R.C. or R.B.C. ?.

ii. " Whether, the court below recorded the finding and framed the

issue whether Gram Panchayat has legal right to grant the lease in the light of Section 48 and Section 54 of the Panchayat Act ?.

iii. " Whether, the respondent / plaintiff was entitled to get the lease under due process of law and the court below complied the provisions of the M.P.L.R.C. in granting lease ?."

Parties vis-a-vis have already appeared, therefore, no notice is necessary to be issued.

Heard on I.A. No.445/2018 under Order XLI Rule 5 CPC r/w. Section 151 of the C.P.C. and also heard on IA No.3736/2018 under Order 39 Rule 1 & 2 CPC.

Both the parties are directed to maintain status quo as it exists today till final disposal of the appeal and cross-appeal.

Accordingly, aforesaid IAs are disposed of. List this matter for final hearing in due course.

Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified SAN

Digitally signed by JITENDRA KUMAR PAROUHA Date: 2022.03.25 10:40:50 IST