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july 2011

Supreme Court of India · 2011-07-04

Ram Kanya Bai & Anr vs Jagdish & Ors

Citation / case number
AIR 2011 SUPREME COURT 3258
Court
Supreme Court of India
Petitioner
Ram Kanya Bai & Anr
Respondent
Jagdish & Ors
Author
R.V.Raveendran
Bench
A. K. Patnaik, R. V. Raveendran

Judgment text excerpt

The Supreme Court held that the jurisdiction of civil courts to entertain suits regarding customary easements is barred by Section 257 of the Madhya Pradesh Land Revenue Code, 1959, which empowers the Tahsildar to decide such matters under Section 131. The Court clarified that the civil court cannot declare that a defendant lacks an easementary right when the Tahsildar has recognized such a right. The appeal by the appellants was dismissed, affirming the lower courts' decisions that the revenue court had exclusive jurisdiction over the matter.

Ram Kanya Bai & Anr vs Jagdish & Ors · Niyam