POONAM CHAND JAIN Vs. RAMESH KUMAR

JUDGEMENT

(1.) HEARD.

(2.) IN a proceedings before Tahsildar. Amarwada, at the instance of respondents for partition of a land bearing khasra No. 83/4 admeasuring 0.012 hectare under section 178, Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as 'Code of 1959') petitioner on the basis of Dastabardarinama dated 28.10.1970 (i.e. deed of relinquishment) and the will dated 20.4.1984 raised the objection. Tahsildar recording a finding that the land in question i.e. khasra No. 83/4 area 0.012 hectare does not find mention in relinquishment deed dated 28.1.1970 and that the will being not proved in a competent Court of jurisdiction rejected the objection. The Tahsildar, in process, also took into consideration the order dated 17.10.2005 passed in Revenue Case No. 19/A-6/2003-2004. As also the fact that a mutation in favour of the legal heirs of Lokman s/o Tirathlal vide amendment 51/177 dated 13.05.1994 was not questioned in appeal and that a civil suit No. 26-A/2007 filed by petitioner being returned by order dated 24.2.2009 on the ground of territorial jurisidiction, came to hold that the objector/petitioner having failed to establish his title, rejected the objection.

(3.) SECTION 178 of the Code of 1959 lays down provision regarding partition of holding. Sub-section (1) thereof stipulates that if any holding, which has been assessed for purpose of agriculture under section 59, there are more than one Bhumiswami any such Bhumiswami may apply to a Tahsildar for a partition of his share in the holding.