RAMBILAS AGRAWAL Vs. BIHARI LAL AGRAWAL

JUDGEMENT

(1.) THE instant petition is directed against the order dated 6-4-2009 passed by the Board of Revenue, Chhattisgarh, Bilaspur in Revision Case No. RN/02/R/A-27/199/2008 Village Mohbhattha, Tehsil Mungeli, Distt. Bilaspur whereby and whereunder, learned Board of Revenue quashed the order passed by the Additional Tehsildar, Sargaon dated 28-9-2004 and the order dated 5-5-2007 passed in Sub Divisional Officer, Mungeli in first appeal and the order dated 27-2-2008 in second appeal. Brief facts of the case are as under:

(2.) A bare perusal of Para 6 of the impugned order would reveal that the learned Board of Revenue has found the service of notice upon the respondents before the Court of Tehsildar as bad, illegal, contrary to law, obtained by fraud by recording the following reasons for that:

(3.) IN the judgments in the case of Ganpatbhai Mahijibhai Solanki (supra) and K.D. Sharma (supra), the Supreme Court has held that fraud vitiates everything. The Supreme Court in the case of INdian Bank v. Satyam Fibres (INdia) Pvt. Ltd. reported in : (1996) 5 SCC 550, observed in Para 23 thus: