AGHAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) The plaintiff filed a suit for declaration of title and permanent injunction stating inter-alia that patta was granted in his favour by the Naib-Tahsildar, Kanker on 13.8.96, which was illegally revoked by the Sub-Divisional Officer (R.), Kanker suo moto by order dated 28.7.98 in exercise of powers under Section 51 of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter called as "Code"). On appeal being preferred by the plaintiff against the order of the SDO, the Collector, Kanker by order dated 21.12.98 dismissed the same finding no merit and claimed reliefs as stated-above.

(3.) Defendant No.1 filed its written statement stating inter-alia that the plaintiff has illegally encroached upon the suit land and patta granted to him has rightly been revoked by the Sub-Divisional Officer and order of the SDO has been affirmed by the Collector, Kanker. The trial Court dismissed the suit holding that the Sub-Divisional Officer has rightly cancelled the order of the NaibTahsildar and order of the SDO has rightly affirmed by the Collector. On appeal being preferred by the plaintiff, the first appellate Court affirmed the judgment and decree of the trial Court, against which, this second appeal under Section 100 of the Code of Civil Procedure, 1908 has been filed by the appellant/plaintiff, in which substantial question of law has been formulated and set-out in the opening paragraph of this judgment.