(Sanjay Kishan Kaul and K.M. Joseph, JJ.)
Bajranga (Dead) By Lrs. ____________________________ Appellant;
v.
State of Madhya Pradesh and Others ________________ Respondent(s).
Civil Appeal No(s). 6209/2010, decided on January 16, 2020
The Order of the court was delivered by
Order
1. There is stated to be a factual controversy as to whether the appellant in pursuance to the draft statement in the objections filed had given the particulars of the civil suit pending filed by the mother-in-law claiming a part of the land held by the appellant(s). This is relevant as in terms of Section 9(iii-a) of the Madhya Pradesh Ceiling on Agricultural Holdings Act, 1960, such particulars are to be given.
2. In the written statement filed to the suit by the respondent, the plea taken is that no particulars of the alleged suit were given. We may note for completion of fact that the suit was subsequently decreed as contested by the appellant without trial and thus, it is alleged to be a collusive suit. Be that as it may, before we proceed to determine the question whether the suit would be maintainable or not it would be necessary to see the objections filed by the appellant to come to the conclusive whether the requirement of Section 9 of the said Act have been fulfilled or not. We have called upon learned counsel for the respondent to produce their records before this Court duly flagged in respect of the aforesaid and the appellant may also obtain the requisite instructions and on their side file these documents on record.
3. We would also like to peruse the pleadings in the civil suit filed by the mother-in-law, the written statement and the judgment passed on the same dated 30.03.1979. The same be placed on record by the appellant(s).
4. The needful be done within four weeks, as prayed for.
5. List after five weeks.
———
