Supreme Court · 2011 INSC 442 · Decided 4 July 2011
SMT. Ramkanya Bai & ANR. v. Jagdish & ORS.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 442 · [2011] 7 S.C.R. 817
- Case number
- CIVIL APPEAL No. 4922/2011
- Decided
- 4 July 2011
- Bench
- R.V. RAVEENDRAN, A.K. PATNAIK (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Land Revenue Code
Headnote
Madhya Pradesh Land Revenue Code, 1959: A B ss. 131, 242, and 257 - Easementary rights determined c uls. 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 such right, is illegal and erroneous - Trial court dismissed the 0 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
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