MISHRO Vs. SUGNI

JUDGEMENT

(1.) This is an application for revision against the order of the Naib-Tahsildar, Saraipali, in Revenue Case No. 6-A/6 of 1963-64 under which he had ordered the correction of an entry in the mutation register which was previously certified by the Revenue Inspector.

(2.) The facts of the case are that an entry was made in the mutation register to the effect that the applicant had acquired right in the lands in question which he had purchased from one Ganeshram, the predecessor-in-interest of the non-applicants and the acknowledged Bhumiswami of the lands, through a registered sale deed dated 20-12-1960. This entry appears to have been certified by the Revenue Inspector on 20-10-1963 in compliance with an order of the Additional Collector, Raipur, dated 3-10-1963. While checking the entries in the mutation register the Naib-Tahsildar found that the Revenue Inspector had wrongly certified this particular entry which was a disputed one and, therefore, beyond the jurisdiction of the Revenue Inspector. The Naib-Tahsildar thereupon assumed powers under Section 32 of the Madhya Pradesh Land Revenue Code, 1959, and after due enquiry set aside the certification made by the Revenue Inspector and directed that "the objection of the non-applicants be recorded in the register of disputed cases and the respective entries in that register and those in the Record-of-Rights be corrected accordingly to bring the same in position prior to certificate made on 20-10-1963 until further order. It is against this order of the Naib-Tahsildar that the present application for revision had been filed.

(3.) The grounds urged against the impugned order are: