BISHRAM Vs. CG REVENUE BOARD

JUDGEMENT

(1.) Learned counsel for the petitioner at the outset submits that he is not fully prepared with the facts of the case and he has no objection if the matter proceeds and is decided after hearing the facts as narrated by the counsel for the respondents. Accordingly, the facts of the case was brought to the notice of the court by the counsel for the respondents No.2&3.

(2.) The present petition under Article 227 of the Constitution of India has been preferred assailing the order dated 18.11.2010 passed by the Board of Revenue, Bilaspur, in Revenue Revision Case No.RN/5/R/A-6/631/2007 whereby the Board of Revenue has rejected the revision petition and the order of Upper Collector, Bemetara, in Revenue Case No.39/A/6/2006-07 dated 24.05.2007 has been affirmed.

(3.) As per counsel for the respondents No.2&3, the dispute revolves around the property which originally stood in the name of Dudhram. The property in dispute is located at village Bhusandi, P.H. No.6, Tehsil Saja, District Durg, measuring 1.40 hectare, which hereinafter shall be referred to as the disputed property. The said Dudhram died in due course of time. The respondents No.2&3 are the legal heirs i.e. wife and daughter of deceased Dudhram. After death of Dudhram, Amrit Bai moved an application before the Tehsildar for mutating the property in her name. The application was allowed on 04.04.2002. After the mutation was got done in the name of Amrit Bai, the said Amrit Bai is said to have sold the property by way of sale deed dated 01.07.2003 in favour of the present petitioners Vishram and Rajesh.