YUVRAJ Vs. GRAM PANCHAYAT DUDHLI VIKASKHAND AND ORS.

JUDGEMENT

(1.) The substantial question of law formulated and to be answered by this Court in Plaintiff's second appeal is as under:--

(2.) Questioning the legal acceptability and sustainability of the impugned judgment and decree dated 09/10/2000 passed by Additional District Judge Balod, District Durg in Civil Appeal No. 15-A/2000, this instant second appeal has been preferred by the plaintiff under Section 100 of the CPC, in which, substantial question of law has been formulated as mentioned in opening paragraph of this judgment.

(3.) Mr. Anil Pandey, learned counsel appearing for the appellant/plaintiff would submit that the plaintiff was granted Bhumiswami rights vide Exhibit P-2, which was cancelled by Revenue Authorities vide Exhibit P-6, thereafter, plaintiff has challenged the cancellation of Bhumiswami rights by filing the civil suit, which was maintainable in law. He would also submit that the First Appellate Court has fallen into manifest error of jurisdiction in granting the appeal filed by the defendant-Gram Panchayat.