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.