CiteTEXT
...decision in 1953 Revenue Nirnaya page 90. Upon this finding, the learned Additional Commissioner reached the following conclusion: -
@Hindi@@
Accordingly, he allowed...revision has been filed.
3. At the outset, it may be observed that the two rulings of the Board of Revenue, viz., 1953 Revenue Nirnaya, page 190 and 1958 Revenue Nirnaya page 16, have been...wholly mis-quoted or misunderstood by the learned Additional Commissioner. It is nowhere said in 1953 Revenue Nirnaya page 190 that a mortgagee is a sub-tenant in the eyes of the law and I cannot see...
...Mangilal and another vs. Chand Mohammad, 1994 Revenue Nirnaya 35, a Single Bench of High Court of Madhya Pradesh has taken a similar view.
12. The argu.... Anandram and others, 1989 Revenue Nirnaya 247, a Single Bench of High Court of Madhya Pradesh has held that in a case where provision contained in Section 165(7) of the...-1999, which, in turn, had arisen out of an order passed by the Sub-Divisional Officer (Revenue), Kharsiya on 15-2-1999. The orders have been passed by the revenue authorities in exercise of powers...
...the contrary view. In Nanuram v. Ganpat, 1955 Revenue Nirnaya 113 it was held that each one of the joint tenants would be entitled to the exemption of 15 acres of land individually, while in...Babulal and others v. Chkajjulal, 1954 Revenue Nirnaya 193 the Revenue Board held that all the joint tenants together would be entitled to the exemption of 15 acres. The learned Member of the...Board of Revenue however, preferred the view of the Board as expressed in Babulal and others v. Chhajjulal, 1954 Revenue Nirnaya 193. It is unnecessary to refer to the later decisions...
...the applicant relying on the Board's decision in Mat. Rajkunwar v. Chima, Bai 1960 M P L J 32=1959 Revenue Nirnaya 398, pointed out that the sub-lease of the applicant being much prior...J 32=1959 Revenue Nirnaya 398, only those sub-tenants of disabled tenants have been given the advantage of the Protection Act who might have obtained their sub-leases from disabled persons after the...its plain meaning. I, therefore, hold, consistently with the view taken in Mat. Rajkunwar v. Chima Bai 1960 M P L J 32=1959 Revenue Nirnaya 398, that a sub-lease given by a disabled...
...limitation as decided by the Board of Revenue in Ram Ratan v. Radharani, 1963 Revenue Nirnaya 233 the revision has to be rejected as time-barred.
2. Conceding the above...been rejected as time-barred.
4. Though not exactly similar in nature yet the principles stated by the M. B. Board of Revenue in Gangaram v. Raghuwar, 1953 Revenue Nirnaya 102 will be..., 1962 MPLJ 308 = 1962 Revenue Nirnaya 99 where it has been held that every co-sharer when applying for partition should be left with a minimum prescribed holding of 15...
...could only have been stayed under the provisions of the Act. Attention was also invited to 1961 Revenue Nirnaya 313 in which it has been held that the benefits of the provisions of sections 3 and 4 of...case and since he was not actually ejected till the coming of the Act, he was fully entitled to the benefits of the Act. In this connection he drew attention to 1960 Revenue Nirnaya 274 in which it has...-applicant ejected. Then they approached the Court of the Tahsildar for the ejectment of the non-applicant under section 78 of the M. B. Land Revenue and Tenancy Act. They lost...
...Nirnaya 190. In that case it was held, in view of the definition of sub-tenant in section 54 (ix) of the M. B. Land Revenue and Tenancy Act that a person who holds land as a mortgagee, even though...land as provided under section 78 (1) but a sub-tenant thereon. Conseque with due respect to the decision reported in 1954 Revenue Nirnaya 190, I am unable to accept the view propounded therein...M. B. Zamindari Abolition Act.
2. The learned Additional Commissioner has considered the non-applicant to be sub-tenant on the strength of a decision reported in 1956 Revenue...
...Hajarilal Vs. Jaychand and another (1999 Revenue Nirnaya 219) in which it has been held that for a question of encroachment if there is no agreed map, the local commissi...by a Revenue Officer commission can be issued.
5. Learned counsel for appellant has also cited the judgment of this High Court in the matter of...decree passed by First Appellate Court for appointing a commissioner preferably a revenue officer undertake local investigation and measurements of the disputed land.
6. Learned counsel...
..., 1959 Revenue Nirnaya 366 we think that the learned Member's appreciation of the consequences of vesting is not quite correct. He has put the matter like this:-
"On...above it is clear that the two considerations on which the learned Member based his decision in Tikaram v. Harvilas, 1959 Revenue Nirnaya 366 arose from certain misconceptions about...Zamindari and Jagir areas and our opinion on the reference, therefore, is that the view taken in Tikaram v. Harvilas, 1959 Revenue Nirnaya 366 on this question is not correct.
7. Reference answered...
...judgment rendered by this Court in the case of Shravan Kumar Deepavare v. Dy. Registrar/Dy. Commissioner Cooperative, Jabalpur reported in 2013 Revenue Nirnaya, 106 (Annexure P-5) Shri...
...Mangilal and another Vs. Chand Mohammad, 1994 Revenue Nirnaya 35, a single Bench of High Court of Madhya Pradesh has taken a similar view.
12. The arg..., 1989 Revenue Nirnaya 247, a Single Bench of High Court of Madhya Pradesh has held that in a case where provision contained in Section 165(7) of the Code has been violated...) (b) of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959'), the land should be reverted back to the tribal holder and the revenue records deserves to be corrected...
...section 78 ibid.4. The learned counsel for the applicant brought to my notice the decision of the Board reported in 1955 Revenue Nirnaya, page 78, arid Revenue Nirnaya, page 205....
2. The facts are that the applicant held possession of the disputed land under an unregistered mortgage deed. In the year 1944, proceedings for trespass under section 58 of the m. b. land revenue and...Commissioner.3. The main contention of the applicant in revision, as it was in the lower Court also, is that the mortgage being prior to the introduction of the M. B. land revenue and...
.... State of M. P., 1975 Revenue Nirnaya 453 : (AIR 1975 Madh Pra 209) where it was held that the Chief Controlling...Member of the Board appears to be correct. The other decision which has been referred to by the learned Member of the Board i.e. Komalchand v. State, 1965 Revenue Nirnaya 374 pertains...1. This is a reference under Section 57 of the Stamp Act made by the Board of Revenue, Madhya Pradesh...
.... I. R. 1958 Nag. 41, in 1958 Revenue Nirnaya p. 39 and p. 365 do not help him as they do not apply to a case in which review is warranted because of mistake error apparent on the face of the record...This is an application under section 47 (1) of the M. P. Land Revenue Code, 1954 (hereinafter called the Code) for review of an order passed by this Board on 20...the order of 20-10 1956 on the ground that the Tahsildar, Janjgir had already passed an order on 5-8-1953 in a Revenue Case (No. 51/1-A-9 of 1951-52) conferring malik-makbuza rights over the khasra...
...Roop Narain v. Board of Revenue and Ors., 1969 MP Revenue Nirnaya Page 131, in which it was observed that the disability was not such as to prevent the petitioner who was in Govt. Service...decision of this Court reported in M. P. Revenue Nirnaya 1969, 131, cited above. In this decision, the only passage which could be referred to section 185 (3) of the Code...the appellant defendant and by coming into force of the M.P. Land Revenue Code, they had now acquired the status of occupancy tenants and, therefore, entitled to be conferred with the rights of...
...the property in favour of the original holder. He also observed that the judgment reported in 7995 Revenue Nirnaya 124 was delivered on 10.11.94 can be ignored and the judgment reported in 1995 Revenue...the petitioners and notices were issued to them. The petitioners in each of the case appeared before the Sub-Divisional Officer taking shelter under the provisions of 170B(2) of M.P. Land Revenue Code...Nirnaya 131 which was delivered on 24.2.95 being subsequent in time deserved to be observed. For making these observations the learned Commissioner has observed that it is trite that if there are...
...Division Bench of this Court in Commissioner of Sales Tax, M.P. v. Maratha Syndicate Pvt. Ltd., Gwalior 1970 Revenue Nirnaya 235, to which one of us, namely, Tare, J. (as he then was...and dismissed the appeal. On a further appeal to the Board of Revenue, the learned Member of the Board of Revenue allowed the appeal partly by giving credit for the freight, but dismissed the appeal so...far as the packing materials were concerned. On a request by the Commissioner of Sales Tax, the learned Member of the Board of Revenue has referred the following question for our consideration under...
...proposition. In the case of madhavrao kulkcorni, 1991 revenue nirnaya 81 (supra) , a division bench of this court held that a civil suit will be barred where a dispute is regarding touching the business of..., the decision of the division bench in the case of madhavrao kulkcarni, 1991 revenue nirnaya 81 (supra) is appropriate and is applicable to the facts of this case. Learned counsel for the non - applicant...bench's decision in the case of madhavrao kulkarni, 1991 revenue nirnaya 81 (supra) is binding on this court. Reliance has been placed on the decision in the case of madhyam vargiya grih nirman...
...lower Courts had wrongly held that he had no right to bring this case under section 100 ibid. It was further contended that the Additional Commissioner had wrongly held that the Revenue Nirnaya 1954...Courts and dismissed the applicant's case under section 100 of the M. B. Land Revenue and Tenancy Act (hereinafter called the Act).
2. The applicant had brought..., page 388 was not applicable in this case. The learned counsel for the non-applicants supported the decision of the Additional Commissioner and cited the decision of the Board of Revenue in Gorishankar v...
.... Board of Revenue, 1995 Revenue Nirnaya 150, while dealing with the provisions of M.P. Ceiling on Agricultural Holdings Act, 1960 has clearly held...Revenue and Anr., 1966 JLJ 119, while dealing with the provisions of Abolition of Jagirs Act, 1951...clearly held that the Board of Revenue has no power to review its own decision giving in appeal under Section 29 of the Act. This Court, again, in Chitra Rekha Bai alias Usha Devi (Smt.) v...