MATHURA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioners are seeking following reliefs :

(2.) TODAY is the august day of this August month because the writ petition which was filed two decades ago is being decided today.

(3.) ACCORDING to the petitioners, the first petitioner Mathura Prasad along with his father Gauri Shankar and grand father Ganga Prasad constituted a co-parcenery which held agricultural lands of the total area 177.31 acres situated in Mauja Padri Dubey, Kutri, Bhatia and Bijori Pathak, Tehsil Hatta District Damoh. The co- parcenery owned and possessed sufficient nucleus and all these lands were acquired from the income of co-parcenery though in the names of different members of the co-parcenery. The said land thus constitute co-parcenery property. There was no partition in the family of the parties and the parties although remained joint. Ganga Prasad had died in the year 1970 and his son Gourishankar also died on 6.1.1972. The deceased first petitioner ­ Mathura Prasad and petitioner No.2 Bhagwati Bai (wrongly typed as "Ghagwati Bai) are the son and daughter of Gaurishankar. The other petitioners No.3, 4 and 5 are the sons of Smt Ganeshi Bai who was the daughter of Ganga Prasad. The said Smt. Ganeshi Bai died in the year 1993 leaving behind petitioners No.3 to 5 as her heirs.