Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Land Revenue Code 1959 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Madhya Pradesh Land Revenue Code (0 of 1959) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Madhya Pradesh Land Revenue Code, 1959: ss. 131, 242, and 257 - Easementary rights determined u/s. 131 by revenue court (Tahsildar) - Subsequent civil suit by the owner of a land for declaration that senient owner does not have an easementary right, customary or otherwise, over his property and the order of Tahsildar uls. 131 recognizing such right, is illegal and erroneous - Trial court dismissed the suit holding that the revenue court alone had jurisdiction to grant relief and not the civil court - Jurisdiction of civil court - Held: The Code does not bar the jurisdiction of civil courts nor creates any new category of private easementary rights not covered by the provisions of the Easements Act - Decision of Tahsildar will not bar a subsequent civil suit by either party to a proceeding u/s 131 in respect of easement claimed in the proceedings u/s. 131 - It cannot be said that Tahsildar alohe has the jurisdiction, and not the civil court, to decide upon the existence or otherwise of a customary easement - Decision of Tahsildar after a summary enquiry with reference to the 'previous custom' and with due regard to the conveniences of all parties, u/s. 131(1), is open to challenge in a civil suit and subject to the decision of the civil courts - s. 257 providing for exclusion of jurisdiction of civil court in regard to certain matters, does not apply to any suit involving or relating to easementary rights. s. 242 - Customary easements - Wajib-ul-arz - Held: It is the record of customs in a village in regard to easements (including the right to irrigation and right of way); and the right to fishing in privately owned/held lands and water bodies. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 442 |
Petitioner | Smt. Ramkanya Bai & Anr. |
Respondent | Jagdish & Ors. |
SCR | [2011] 7 S.C.R. 817 |
Judgement Date | 2011-07-04 |
Case Number | 4922 |
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