Hariprasad Bairagi Versus Radheshyam & Ors

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WA, 535 of 2021, Judgment Date: Aug 31, 2021

Law laid down:-

(i) Rules 24 & 32 of Rules Regarding Record of Rights (under M.P. Land Revenue Code) do not contemplate adjudication of title by Tahsildar. It is meant for recording “Consequence of Adjudication” and “Transfer of Ownership” for mutation purpose. Summary proceedings as contemplated in Rule 32 are only for the purpose of recording of rights of parties; and

(ii) Revenue Authorities have no jurisdiction to test the correctness and genuineness of the Will; {Relied and Refeerred:-Ramgopal Kanhaiyalal Vs. Chetu Batte, AIR 1976 MP (FB) 160 and Division Bench decision of this Court in the matter of Murari and Anr. Vs. State of M.P. & Ors., 2020 (4) MPLJ 139 }.

Hariprasad Bairagi Versus Radheshyam & Ors