BHAGIRATH Vs. GHISASA PUNASA

JUDGEMENT

(1.) NON-applicant, Ghisasa, on 18-8-62 filed a suit against the applicants, Bhagirath and others, in the civil Court under section 9 of the Specific Relief Act. On 8-3-63 the civil Court returned the plaint to Ghisasa for presenting it in the proper Court and accordingly he presented it in the Court of the Tahsildar on 29-4-63 under section 202 of the M. P. Land Revenue Code, 1959 (hereinafter called the Code). Ghisasa also filed an application for interim possession on 9-5-63 under section 202 (4) of the Code. This application under section 202 (4) was allowed by the Tahsildar by his order dated 5-6-63. Bhagirath and others went up in revision to the Commissioner who rejected the application for revision. Bhagirath and others have now filed an application for revision in the Board against the order of the Commissioner.

(2.) IN the plaint Ghisasa has written that he was dispossessed of the land on 24-4-1962. The application under section 202 (2) of the Code was made on 29-4-63. Thus the period between the date of dispossession and the date of submission of the application under section 202 (2) of the Code is more than one year. According to section 202 (4) of the Code the Tahsildar can put the person who has applied under sub-section (1) or (2) of section 202 of the Code in interim possession only if the period between the date of dispossession and the date of submission of the application under sub-section (1) or (2) of section 202 is within six months. IN this case the period between the date of dispossession and the date of submission of the application under section 202 (2) is more than six months. The Tahsildar has justified the legality of his order granting interim possession under section 14 of the Limitation Act and the learned Commissioner has also supported the Tahsildar in this respect.

(3.) THE orders of the Tahsildar under section 202 (4) and of the learned Commissioner are set aside. THE application for revision is allowed. Application allowed.