CHANDRA SHEKHAR DUBEY Vs. NARENDRA

JUDGEMENT

(1.) Shri Niraj Shrivastava, counsel for the petitioners.

(2.) The necessary facts for disposal of the present petition in short are that Premnarayan and one Jay Dayal were the co-owner and Bhumiswami of land bearing Survey No. 20, 74, 218/1, 423, 425/1, 435, 436, 437, 445/1, 447, 448, 449/3, 450, 884 and 889, total area 12.011 hectare situated in village Tharet, District Datia.

(3.) After the death of Jay Dayal, the names of his legal representatives, i.e., Narendra Kumar, Surendra Kumar and Smt. Ramshree were mutated along with Premnarayan. It is the case of the petitioner that since Jay Dayal and Premnarayan were living separately, therefore, in the year 1969-70, they mutually partitioned the land, however, no partition was done on the revenue record and since for the purpose of loan / KCC separate agricultural holding was required, therefore, Premnarayan filed an application under Section 178 of MPLRC for partition of the land. Respondents filed an application raising the question of title and, thereafter, a suit was also filed which was dismissed in default and the appeal filed by them has also been dismissed by the Appellate Court. The case of Premnarayan is that in the partition proceedings, Fard Batwara was put up by Patwari in accordance with the land, which were in occupation of the respective parties. No objection was filed by the respondents no. 1 to 3 and after hearing both the parties, the Tahsildar passed an order of the partition. The order passed by the Tahsildar was challenged by the respondents no. 1 and 2 by filing an appeal before the SDO, Seondha which was registered as Appeal No. 15/Appeal/2005-06 and after hearing both the parties, the SDO, Seondha District dismissed the appeal by order dated 19.04.2006. The order passed by the SDO was challenged by the revisionist by filing second appeal before the Court of Additional Commissioner, Gwalior Division, Gwalior, which was registered as Appeal No. 389/Appeal/2005-06 and the Additional Commissioner by order dated 18.08.2008 has allowed the appeal and set aside the order of partition.