Brajnandan Prasad @ Pandu vs Narmada Prasad Yadav
2023 Latest Caselaw 5749 MP

                                                            1
                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        SA No. 700 of 2020
                                  (BRAJNANDAN PRASAD @ PANDU Vs NARMADA PRASAD YADAV AND OTHERS)

                          Dated : 10-04-2023
                               Shri Ritesh Kumar sharma - Advocate for the appellant.


                               Record has been received.
                               Heard on the question of admission.
                               This appeal is admitted on the following substantial questions of law:-

                                    (i)            Whether the       respondent / plaintiff acquired

Bhumiswami right in view of Section 158 (D) (ii) of the M. P. Land Revenue Code, 1959, which deals with Rewa Land Revenue Code and Tenancy Code, 1935 and V. P. Land Revenue and Tenancy Act, 1953 ?.

( i i ) Whether despite of undisputed fact that the respondent / plaintiff did not produce revenue record pertaining to entry on and after 2.10.1959, the appellate Court below could declare the respondent / plaintiff as Bhumiswami of the suit property ?.

(iii) Whether the judgment and decree of the appellate court is perverse and contrary to the record ?.

(iv) Whether the judgment and decree of the appellate court is barred by Section 34 of the Specific Relief Act as well as barred by limitation ?.

Issue notices to the respondents on payment of process fee within a period of seven working days by both modes for final hearing of this appeal. Notices be made returnable within four weeks. Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/10/2023 5:09:13 PM

Also heard on I.A. No.3320/2020, an application for stay. Issue notices 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, parties are directed to maintain status-quo with regard to the suit property as it exists today.

List this case after four weeks. Certified copy as per rules.

(ARUN KUMAR SHARMA) JUDGE

JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/10/2023 5:09:13 PM