BADSHAH MOTI BHANMATA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS is a petition under Articles 216 and 227 of the Constitution and is directed against the decision of the Board of Revenue in a suit filed in the Revenue Courts by the petitioner No. 1, the respective fathers of petitioners Nos. 2 and 3 and opponent No. 4 for possession of the agricultural holding in question situated in mouja Rajota, Pargana Khachrod.

(2.) THE circumstances giving rise to this petition may be briefly stated as below:

(3.) ON 20-2-1949 the four sons of one Moti namely Badshah, Koora, Dhanna and gajja filed a suit under Sections 325 and 326 of Kanoon Mal Gwalior for possession of the agricultural holding in suit situated in Mouja Rajota. The suit was filed against Fakka. Their claim for possession was based on the allegations that Morusi rights in the suit lands had been acquired by them from the then Zamindar of rajota one Nagu on payment of Rs. 300/- as Nazarana; that in the year following this acquisition one Pyarelal became the Zamindar of the Patti which included this land; that he, taking advantage of the fact that one of the brothers namely Koora was in his service, influenced him and obtained from him a Kabuliat in respect of this land for the Samvat Years 2001 and 2002 and granted a corresponding Patta in the name of Koora; that in spite of this all the four brothers continued to occupy the land and cultivated the same for the benefit of all of them; that Zamindar pyarelal did not give any notice to them as required by law prior to Samvat Year 2003 but that in that year respondent Fakka obtained unlawful possession of the suit land by committing trespass. On these facts they claimed back possession from Fakka.