DANGALIA Vs. DESHRAJ

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution of India seeking to quash the order of the Board of Revenue, dated 31-12-1965 (Petitioners annexure-D) passed in Revenue Revision No. 88-IV/65, as also the order of the sub-Divisional Officer, passed in Revenue Appeal No. 261/63-64, dated 24-101964 (Petitioners Annexure-B ).

(2.) THIS case has had a chequered career and the litigation originally started in the year 1954.

(3.) THE petitioner. Dangalia filed an application under Section 91 of the Madhya bharat Land Revenue and Tenancy Act. 1950, alleging that he had sublet the lands for three years to the first respondent. Deshraj alias Dost Mohammad and in spite of efflux of time, the first respondent did not surrender back possession, to the said petitioner. Therefore, ejectment of the first respondent was sought. The proceedings for ejectment were dismissed by the Tahsildar. The order of dismissal was confirmed in appeal by the Sub-Divisional Officer. The Commissioner Gwalior division, however, allowed the appeal of the petitioner Dangalia and decreed the ejectment of the first respondent in Revenue Appeal No. 17 of 1954, dated 29-71954.