14. Nandu (Applicant) Vs Balu and others (Non-applicant)

Sub:- This case is based on Section 131 of the MP Land Revenue Code.

Facts of the case :-

1. Applicant was a resident of village 'A' and his agricultural land was situated at village 'C'

2. The applicant had to pass through the land of the non- applicant in order to reach his land which was situated at village by the name of 'B' which the applicant had to cross to reach his land.

3. The non-applicant raised an objection to the applicant's crossing his land.

4. The applicant filed a declaratory suit before the Tahsildar and sought the right of passage on the basis of the prevalent custom.

Trial Court:-

The Tahsildar dismissed the application on the ground that the applicant could not prove that he has been continuously using the extent of the land.

First Appellate Court: -

Thereafter, the applicant filed an appeal before the court of SDO against the judgment of the Tahsildar, which was allowed and the or- der of the Tahsildar was set aside.

Revision:-

The non-applicant filed a revision before the Commissioner. The Commissioner, while allowing the revision, dismissed the order of the SDO and held that Section 131 will not apply in this case.

High Court :-

The Court did not agree to the interpretation of Section 131 by the Commissioner and said that there is nothing in Section 131 which directly or indirectly confines the limits of the 'land of a farmer' to the limit of his village. Therefore, Section 131 will also apply in a case where a farmer applies to shift from his village to his land situated at another village.

Therefore, the court, while allowing the revision application and dismissing the order of the Commissioner, sent back the matter to the Commissioner for settlement according to law.

Judgment :  The revision was allowed.

Law points :-

1. A farmer has a right to reach his land by passing through a land situated at another village.

2. While applying Section 131, one should keep in mind the convenience of other parties also, irrespective of the custom prevalent earlier.

3. Section 131 applies in a case also where a farmer has land in another village also besides land having at his village and he seeks passage to reach there.