GOPAL Vs. MANGALIA

JUDGEMENT

(1.) Instant petition is preferred by the petitioners under Article 226 of the Constitution of India (mainly under Article 227 of the Constitution of India) being crestfallen by order dtd. 12/5/2021 (Annexure P/4) passed by the Madhya Pradesh Board of Revenue (hereinafter shall be referred to as "Board"); whereby, appeal preferred by the petitioners under Sec. 44(2) of M.P. Land Revenue Code, 1959 (hereinafter shall be referred to as "Code") got dismissed and order dtd. 5/8/2010 (Annexure P/2) passed by the Additional Commissioner, Chambal Division, Morena has been affirmed and order dtd. 15/10/2007 (Annexure P/1) passed by the Collector,Sheopur has been set aside.

(2.) Precisely stated facts of the case are that at village Ichchhapura, District Sheopur, late Motilal Mali S/o Siriya Mali (father of respondent No. 1) was granted a Patta by Bhoodan Board [Constituted as per the M.P. Bhoodan Yagna Adhiniyam, 1968 (hereinafter shall be referred to as "Adhiniyam, 1968"]. It appears that land was given on Patta purportedly around or after year 1968. In year 1977, petitioners purchased the land through registered sale deed from late Motilal and that is the point of dispute existing between the parties since then.

(3.) According to respondent No. 1, his father Motilal Mali passed away in year 1974 itself whereas sale deed executed in 1977, therefore, sale deed executed by him allegedly in year 1977 is a forged one. In year 1977, respondent No. 1 was minor and after attaining majority, he filed an application before the Collector, District Sheopur narrating the fact of alleged execution of sale deed by his father (after his death) and according to him same was a fraud committed by the petitioners.