IQUBAL Vs. M P BOARD OF REVENUE

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioners seek quashment of the order dated 8.1.1999 (Annexure P-15) passed in Revision by the M.P. Board of Revenue, Gwalior.

(2.) THE present petitioners are the heirs of late Iqubal who together with one Baksu (since dead) owned jointly certain agricultural lands measuring 25.70 Acres of land at village Durgapura. The joint holding consisted of five survey numbers; 141, 142, 143, 144 and 151. Late Baksu on 13.5.1970 executed a sale deed of Survey No. 151 in favour of respondents Nos. 2 and 3. Late Iqubal, the father of the present petitioners challenged in Civil Court the said sale deed claiming half share in the entire holding. In 1st Appeal, his suit was decreed and he was declared to be Co-Bhoomiswami of the said holding having 1/2 share in it. It was further declared that the sale deed executed by late Baksu in favour of the respondents Nos. 2 and 3 was void to the extent of Iquba's share in Survey No. 151. The decree passed in 1st Appeal was affirmed in Second Appeal by this Court.

(3.) I have heard Shri Sunil Jain, LC for the petitioners, Shri Amarsingh, learned counsel for respondents Nos. 2 and 3 and Shri S. Mukati, learned GA has appeared for Board of Revenue and supported the impugned order.