Application for mundkar

This query is : Resolved 
 

(Querist)
30 April 2018

IN AN APPLICATION FOR DECLARATION AS MUNDKAR FILED BY AN APPLICANT WHERE THERE IS MATERIAL PROPOSITIONS OF FACTS AFFIRMED BY THE APPLICANT AND DENIED BY THE RESPONDENTS AND WHERE IN THE APPLICANT HAS NOT REQUESTED FOR FRAMING OF ISSUES NOR THE MAMLADTHAR COURT FRAMED ISSUES WOULD IT BE CORRECT THAT THE RESPONDENTS PROPOSE FRAMING OF ISSUES AS THE LAND BELONGS TO THE RESPONDENTS AND THE APPLICANT BASED ON MATERIAL PROPOSITIONS OF FALSE FACTS IS SEEKING DECLARATION AS MUNDKAR AND IF THE APPLICANT IS DECLARED AS MUNDKAR THE RESPONDENTS ARE LIKELY TO LOOSE APPROX 400 SQUARE METERS OF THEIR LAND. THANKS


KISHAN DUTT RETD JUDGE (Expert)
30 April 2018

Dear Sir,
Framing of issues strictly applies to the Civil Courts. But the Revenue Courts may give finding even without framing the issue. Such decision is not final it is appellate. More over the findings of Civil Courts are stronger and binding. File a suit in Civil Court and a finding in your favor.; The law is as follows. It has to frame a issue and refer to Civil Court.
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The High Court, in this connection, referred to section 186 of the Act under which any question raised regarding the title of any party to the land, which is the subject-matter of a suit or proceeding under the First Schedule, has to be referred by the Revenue Court to the competent Civil Court for decision after framing an issue on that question.
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Supreme Court of India
Hatti vs Sunder Singh on 11 September, 1970
Equivalent citations: 1971 AIR 2320, 1971 SCR (2) 163
Author: V Bhargava
Bench: Bhargava, Vishishtha
PETITIONER:
HATTI

Vs.

RESPONDENT:
SUNDER SINGH

DATE OF JUDGMENT:
11/09/1970

BENCH:
BHARGAVA, VISHISHTHA
BENCH:
BHARGAVA, VISHISHTHA
SIKRI, S.M.

CITATION:
1971 AIR 2320 1971 SCR (2) 163
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https://indiankanoon.org/doc/499652/

JAIME (Querist)
30 April 2018

Thank you very much for your effective reply very much appreciate and respect you.

Ms.Usha Kapoor (Expert)
30 April 2018

I agree with Mr.Kishan Dutt.



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