Rajendra Prasad Gupta vs Smt Lalita Devi Gupta
2023 Latest Caselaw 3061 MP

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                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                        SA No. 3175 of 2019
                               (RAJENDRA PRASAD GUPTA AND OTHERS Vs SMT LALITA DEVI GUPTA AND OTHERS)

                          Dated : 20-02-2023
                               Heard through Video Conferencing.

                               Mr. Y.P. Sharma - Advocate for appellants.
                               Mr. Rajesh Sharma - Panel Lawyer for State.

                               Record has been received.
                               Heard on the question of admission.

                               This appeal is admitted on the following substantial questions of law:-

                                    (i)        "Whether the former landlord sellers of the land in
                              question belong to the Bahila caste and fall in the category of
                              aboriginal Tribes of Tehsil Suhagpur, District-Shahdol according to
                              Schedule 37 of M.P. Land Revenue Code U/s 165 T-O ?
                                    (ii)         Whether the appellate Court below has erred in
                              reversing the judgment and decree of the trial Court holding the
                              purchased of the suit land by the appellant vide sale deed dated
                              15.05.87 is illegal and void in view of Section 165(6) of M.P.L.R.C .

                                    (iii)    Whether the plaintiff is the owner of disputed land ?"
                                    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. Also heard on I.A. No.1703/2020, an application for stay. Issue notices to the respondents on payment of process fee within a Signature Not Verified Signed by: JULIE SINGH Signing time: 2/21/2023 3:43:37 PM

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 as it exists today.

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

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified Signed by: JULIE SINGH Signing time: 2/21/2023 3:43:37 PM