ASAF JAHAN BEGUM Vs. BASHIR BEGUM

JUDGEMENT

(1.) THIS order will also govern the disposal of Miscellaneous Petition No. 38 of 1962.

(2.) IN these two applications under articles 226 and 227 of the Constitution the petitioners pray for the issue of a writ of certiorari for quashing a common order made by the Board of Revenue on 4th August 1962 allowing two revision petitions preferred by the opponents against a common order made by the Additional Commissioner, Ujjain. In proceedings under section 91 of the Madhya Bharat Land Revenue and Tenancy Act, 1950, (hereinafter referred to as the Act), initiated by the opponents against each petitioner.

(3.) IN second appeal, the Additional Commissioner set aside the decision of the Sub divisional Officer and the Tahsildar taking the view that the opponents had no title to the lands in question and that the evidence which they had produced in proof of their being dispossessed of the lands consisted of interested witnesses and could not be relied upon. The Additional Commissioner held that the evidence on record Indicated that the petitioners were in continuous possession of the lands.