RAJENDRA BHARATI Vs. M P DUBE

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution challenging the validity of an order passed by the Collector, Seoni, on August 24, 1967 directing that Padmeshwar Bharati be put in possession of certain lands, which were the subject-matter of consolidation proceedings under Chapter XVI of the M. P. Land revenue Code, 1959, (hereinafter called the Code), relating to village Gudma in district Seoni.

(2.) CERTAIN lands belonging to Smt. Alokabai, widow of Bhuwaneshwar Bharati, were involved in the consolidation proceedings. Bhuwaneshwar Bharati had died in the year 1937. Smt. Alokabai died in 1960. Ramkrishna Bharati had instituted a suit (Civil Suit No. 77-A of 1937) challenging the alleged adoption of Jaikrishna bharati by Smt. Alokabai. That suit was decreed in favour of the plaintiff and it was held that Jaikrishna was not adopted by Smt. Alokabai.

(3.) HOWEVER, after the death of Smt. Alokabai, Padmeshwar Bharati claimed that he had been adopted by her. A Civil Suit (No. 30a of 1963) was instituted by padmeshwar Bharati. It was decreed in his favour on April 25, 1966. In pursuance of the decree, Padmeshwar Bharati was put in possession of the property on July 6, 1966.