MAHESH SONI Vs. PREMJI RAO

JUDGEMENT

(1.) IN this civil revision, the order passed by the Ist Additional District Judge, Raipur in Miscelleneous Civil Appeal No. 3/03 on 27.10.2004 is under challenge. Brief facts are that the applicant Mahesh Soni filed an application before the revenue officer in charge of Zone No. 5, Raipur for mutation of his name over houses No. 623 and 623/1 situated in Shahid Brigadier Usman, Ward No. 41, Tikrapara, Raipur. On issuance of publication, non-applicant No. 1, Premji Rao preferred an objection and prayed that houses No. 623 and 623/1 were owned by late Shankar Rao, brother of his grand father and being the sole heir of late Shankar Rao, his name ought to be mutated over the suit property. The competent officer of the Municipal Corporation, Raipur (henceforth "the competent officer") by order dated 20.06.2003 directed non-applicant No. 1. Premji Rao to seek a declaration of the title from a competent civil court while rejecting the application of the applicant Mahesh Soni. Being aggrieved, Premji Rao preferred Miscellaneous Civil Appeal No. 3/03 before the Ist Additional District Judge, Raipur in which the order passed by the competent officer of the municipal corporation was set aside and a direction was issued to mutate the name of Premji Rao over houses No. 623 and 623/1 situated in Shahid Brigadier Usman, Ward No. 41, Tikrapara, Raipur. The learned Ist Additional District Judge, Raipur recorded the following reasons in paragraph 11 to 14 for passing the impugned order, which read as under:

(2.) ON the other hand, Shri M.D. Dhote, learned Counsel appearing for non-applicant No. 1 referred to Sub-section (2) of Section 153 of the Act while arguing in support of the impugned order contended that the words "any amendment be made in respect of any matter other than the correction of an arithmetical total" include the question of mutation upon a written objection made before the competent officer. Reliance was placed on Ramdwarikalal Agrawal v. Krishna Dwarikalal Agrawal, 1982 MPLJ 54. Having heard the rival contentions, I have perused the impugned order as also the order passed by the competent officer. Section 153 of the Act contains the power of Commissioner of Municipal Corporation to amend assessment list by inclusion, omission or substitution of any matter other than the correction of an arithmetical total. It reads thus -