NDLI: Pooran Singh Vs. Dhaniram (since Dead) Thr. Legal Heirs and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	civil court cannot arrive at contrary contention 1959 M.P. Land Revenue Code order of collector affirmied in writ proceedings Possession was restored ss.170B and 257 redecessor-in-interest
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Madhya Pradesh Land Revenue Code, 1959 (20 of 1959)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	M.P. Land Revenue Code, 1959 – ss.170B and 257 – Predecessor-in-interest of the appellant executed a sale deed of suit property in favour of Predecessor-in-interest of respondent – Thereafter, predecessor-in-interest of appellant initiated proceedings for reversion of land u/s. 170B – Collector directed the reversion of the land in favour of predecessor-in-interest of appellant – Predecessor-in-interest of respondent initiated writ proceedings challenging the order of the collector u/s.170B – Petition was dismissed by the High Court – Possession was restored to the predecessor-in-interest of the appellant – Thereafter, predecessor-in-interest of the respondent filed a suit against the appellant seeking a permanent injunction, possession and a declaration that the order of the collector was null and void – Suit rejected by the Trial Court – However, in a first appeal, the order of the Trial Court was set aside – Second appeal filed by the appellant was dismissed – On appeal, held: The order of the Collector was placed in issue before the High Court in writ proceedings – That judgment of the High Court indicated that the challenge was on the ground that the notice of the appeal before the Collector was not served on the original respondent – High Court had enquired into the legality of the order passed by the Collector and dismissed the writ petition – Once the order of the Collector was affirmed in the final judgment and order of the High Court in writ proceedings, it was not open to a civil court to arrive at a conclusion to the contrary – High Court in second appeal erred in ignoring the effect of the earlier order in writ proceedings – Thus, judgment of the Trial Court dismissing the civil suit restored. The Predecessor-in-interest of appellant executed a sale deed of the suit property in favour of predecessor-in-interest of respondent. On 24 October, 1980 section 170B was inserted into the provisions of the MP Land Revenue Code 1959 by MP Act 15 of 1980. Pursuant thereto, predecessor-in-interest of appellant initiated proceeding u/s.170B of the code, which was ordered in his favour. Writ petition challenging the said order in was dismissed. Thereafter, predecessor-in-interest of respondent filed suit to declare the said order u/s. 170B as null and void, which was also dismissed by the Trial Court. However, in the first appeal order of the Trial Court was set aside. The second appeal filed by the appellant was dismissed. Hence, present Special Leave Petition.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 367
Petitioner	Pooran Singh
Respondent	Dhaniram (since Dead) Thr. Legal Heirs And Anr.
SCR	[2019] 5 S.C.R. 202
Judgement Date	2019-03-14
Case Number	3122

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Pooran Singh Vs. Dhaniram (since Dead) Thr. Legal Heirs and Anr.

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Pooran Singh Vs. Dhaniram (since Dead) Thr. Legal Heirs and Anr.

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