Tejbhan Pate vs Ramniwas Son Of Shri Ram Sunder Patel ...
2024 Latest Caselaw 28228 MP

Madhya Pradesh High Court

Tejbhan Pate vs Ramniwas Son Of Shri Ram Sunder Patel ... on 14 October, 2024

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                               1                                  SA-2097-2024
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         SA No. 2097 of 2024
                             (TEJBHAN PATE Vs RAMNIWAS SON OF SHRI RAM SUNDER PATEL AGED ABOUT 35 YEARS (DIED)
                                              THOURGH LEGAL REPRSENTATIVE 1(A) SM AND OTHERS )



                           Dated : 14-10-2024
                                   Shri Ajeet Kumar Singh -Advocate for appellant/plaintiff.
                                   Shri Dinesh Patel -G.A for respondent no.2 and 3.

Record is received.

Heard on admission.

Learned counsel for the appellant/plaintiff submits that this is case of reversal of decree. The appellant/plaintiff won in the trial court at Satna by judgment and decree dated 30.11.2018 but the learned First Appellate Court by judgment and decree dated 11.07.2024 allowed the appeal and dismissed the suit.

The appeal is admitted for final hearing on the following substantial questions of law :-

(i) Whether the defendants have constructed the house on the Govt.

land being in a capacity of encroacher, which can be appreciated under the law ?

(ii) Whether an encroacher can be taken away easement right of the plaintiff by way of construction of wall on the Govt. land ?

On payment of process fee within seven working days issue notice of this appeal alongwith substantial questions of law to the respondent no.1(a) to (d) and respondent no.4.

In the meantime, it is directed that both the parties shall maintain status

2 SA-2097-2024 quo as it exists today in respect of the suit property.

List after service report is received. Certified copy as per rules

(AVANINDRA KUMAR SINGH) JUDGE

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