DEVI PRASAD Vs. NEKSE

JUDGEMENT

(1.) THIS petition has been filed by the petitioners challenging an order passed by the Board of Revenue dated 27-10-69 wherein the learned Member of the Board of Revenue entertaining a revision petition order setting aside of the order of allotment of the land in favour of the petitioner No. 3.

(2.) ACCORDING to the petitioners, the land in dispute bears survey No. 146 having an area 6 Bighas, 10 Biswas and situated in villages Netehara, Pargana jora, District Morena. It is alleged that the Patwari of the village included this land in the list of un-occupied land, suitable for allotment, whereupon by notification applications were invited for allotment of this land. Petitioner No. 3 Kalla submitted his application for allotment of this land and after following necessary formalities as required by the law at that time, the land was allotted in favour of Petitioner No. 3 by the orders of the Naib-tahsildar Jora dated 27-11-61.

(3.) AFTERWARDS, when the land was brought under cultivation, petitioner no. 3 sold away this land to petitioners Nos. 1 and 2, and handed over possession also to petitioners Nos. 1 and 2. When these petitioners were in possession non-petitioner No. 1 along with some others attempted to commit trespass over the land and, therefore, petitioners launched proceedings under section 250 of the Land Revenue Code. The Tahsildar Jora by his order dated 4-7-64 restored the possession to the petitioners under section 250 of the Land Revenue Code.