TARACHANDRA Vs. BHAWARLAL

JUDGEMENT

(1.) Leave granted.

(2.) This appeal impugns judgment and order of the High Court of Madhya Pradesh at Indore [The High Court] dtd. 14/8/2024 passed in Misc. Petition No. 7284 of 2023 [Misc. Petition] whereby the Misc. Petition of the first respondent was allowed and orders dtd. 27/9/2023, 17/12/2020 and 9/11/2020 passed by Additional Commissioner, Ujjain [Commissioner ]Sub- Divisional Officer (Revenue), Manasa [SDO] and Tehsildar, Manasa, respectively, were set aside and a direction was issued to mutate the name of legal heirs of Roda alias Rodilal, as per Hindu Succession Act, 1956 [ 1956 Act ] and if they are not available, to enter the name of the State Government in the records.

(3.) Roda alias Rodilal was recorded as tenure holder of Survey Nos. 148, 195, 218, 225, 229/Min-1, 230/Min- 1, 231, 234 located at Mouza Bhopali measuring 5.580 hectares. He died on 6/11/2019. The appellant claiming to be legatee under a registered will of Rodilal dtd. 1/5/2017 applied for mutation under Sec. 110 [6] of the M.P. Land Revenue Code, 1959 [ 1959 Code] . On the said application, Case No. 605/A/6/2019-2020 was registered before Tehsildar, Manasa. To the said application, an objection was filed by the first respondent claiming himself to be in possession of Survey No. 195 based on a written sale agreement executed by Rodi alias Rodilal.