RAMKISHORE YADAV Vs. CHAUDA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order dated 22.9.2005, passed by the respondent/Member, Board of Revenue, Gwalior in Revenue Case No. 609-IV/04. The challenge to the order has been solely on the ground that despite there being two concurrent findings in favour of the petitioner by the Collector, Tikamgarh as well as Commissioner, Sagar, the respondent/ Revenue Board has in revision upset the findings by allowing the said revision.

(2.) BRIEF facts of the case as alleged by the petitioner are that the petitioner is a 'Yadav' by caste whereas the respondents who are legal representatives of the original respondent Shri Chauda are 'Sour' by caste. It is also not disputed that the agricultural land which is a subject-matter of dispute is situated in Village-Machi, 10 k.m. from Village- Berwar where the respondent Shri Chauda resided having more than five acres of agricultural land. Shri Chauda had moved an application under section 165 (6) of the M.P. Land Revenue Code for permission to alienate the agricultural land situate in Village-Machi in favour of the petitioner.

(3.) HOWEVER , Shri Chauda changed his mind on being instigated by others and filed appeal before the Commissioner, Sagar and also filed a Civil Suit No. 14-A/2003 before Civil Judge Class-I, Jatara, Distt-Tikamgarh under Order 7, Rule 10 of the Civil Procedure Code. The plaint was returned to the competent Court and no further action was taken on the said civil suit.