RAMDAS Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the orders of the Board of Revenue contained in Annexures P/4, P/5 and P/6, by which the order of the Additional Commissioner Revenue Division Gwalior dated 27.05.2005, passed in Second Appeal has been upheld. The said second appeal was allowed by setting aside the orders passed by the Tahsildar and Sub -Divisional Officer, by which the revenue records were directed to be correct by deleting the name of respondent no.5/Kaptan Singh and instead, mutating the name of Rajaram and deceased Ramdas (petitioners herein), on the basis of possession of the petitioners on the disputed property not having been proved.

(2.) LEARNED counsel for rival parties are heard.

(3.) ON the other hand, the learned counsel for respondents referring to the order of the Additional Commissioner contends that possession over the property in question could not be established by the petitioners. It is further submitted that even before the civil Court, the petitioners could not prove their possession and, therefore the pre -requisite of favourably invoking Section 185 read with Section 190 of the Code in favour of the petitioners did not arise.