ASGAR ALI Vs. AMNA BI

JUDGEMENT

(1.) The instant petition is directed against the order dated 22-8-2008 passed by the Board of Revenue in Revenue Case No. RN/10/R-A/70/522/2007 whereby the revision preferred by the respondent against the order of Addl. Collector, Korba, dated 26-6-2007 was allowed affirming the order passed by the SDO, Korba, and setting aside the order passed by the Tehsildar, Katghora, Distt. Korba.

(2.) Brief facts of the case, as projected by the Counsel for the petitioner is that: the respondent filed an application under Section 250 of the MP/CG Land Revenue Code, 1959 (for short 'the Code') for its possession against the petitioner inter alia on the ground that she is recorded Bhumiswami of the suit land and the petitioner has forcibly taken its possession. On demarcation the petitioner was found in possession of 0.04 dismal of disputed land. Preliminary objections were raised by the petitioner herein in reply to the above application showing that there is a house constructed upon the above land and he is in possession of the above house for more than a period of 22 years, and therefore, the Tehsildar has no right to hear the above matter and it is within the domain of Civil Court. It was further pleaded that the petitioner is in possession of the suit property since 20 years after constructing house thereupon and thus he had perfected his title by way of adverse possession.

(3.) The respondent, in her statement (Annexure P3) has stated that in the house constructed by her, Asgar Ali is residing for a period of 15 years with her permission.