KANCHAN MOTIANI Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by order dtd. 2/6/2022 whereby Naib Tehsildar has rejected an application under Sec. 129 of Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred as "MPLRC") relying on provisions of Order VII Rule 11 of CPC r/w Sec. 32 of MPLRC solely on the ground that the petitioner is not in possession and the private respondent Nos.4 to 10 are having objection.

(2.) Vide registered sale-deed dtd. 21/8/2012 (Annexure P/3), the petitioner purchased a part of survey No.262/3 from the owners of the land thereafter, she applied for mutation and her name was mutated. Thereafter, at the time of division of plots the objections were raised by the respondents however, the same has been done and now the new survey No.262/3/994 has been allotted to the petitioner for the land in question.

(3.) The petitioner approached the Naib Tehsildar by way of application under Sec. 129 of the MPLRC, before the order could be passed under Sec. 129(1) and (2) of MPLRC the private respondents suo motu appeared and filed an objection under Order VII Rule 11 of CPC r/w Sec. 32 of MPLRC disputing the sale-deed as well as possession of the petitioner. The Naib Tehsildar considered the aforesaid objection and closed the proceeding under Sec. 129 of MPLRC. Hence, this petition before this Court.