NASROO Vs. LAXMAN SINGH

JUDGEMENT

(1.) Heard on the question of admission.

(2.) The present petition has been filed by the petitioner under Article 227 of the Constitution of India, being aggrieved by order dated 09.02.2017 passed by the Board of Revenue, Gwalior (MP) by which the revision petition filed by the respondents have been allowed and set-aside the order passed by the Additional Commissioner, Ujjain (MP).

(3.) The facts of the case reveal that the present petitioner has purchased the land from one Omkar Singh through a registered sale deed dated 27.05.1990. After purchasing the said land, he has submitted an application before the Tehsildar for mutation and the mutation was done in favour of the present petitioner. Thereafter, the respondents who are legal representatives of deceased- Omkarsingh preferred an application before the Tehsildar under- Sections 115 and 116 of Madhya Pradesh Land Revenue Code, 1959 and the said application was allowed by the Tehsildar vide order dated 28.07.2012, against which an appeal was preferred by the present petitioner before the Sub-Divisional Officer and the same was dismissed on 20.11.2012. Thereafter, the petitioner preferred the appeal before the Additional Commissioner, Ujjain, who in turn has passed the order in favour of the present petitioner, whereas the Board of Revenue has passed the order in favour of the respondents stating inter-alia that the death of Omkarsingh has taken place in the year 1977. Thereafter, on the basis of some registered sale deed allegedly executed by Omkarsingh in the year 1990, mutation was done and the present petitioner is claiming his right as well as title on account of aforesaid sale deed which was allegedly executed by Omkarsingh though Omkarsingh was not alive on the date the sale deed was executed. The Board of Revenue, Gwalior, after taking into consideration the fact that the death of Omkarsingh took place in the year 1977 and mutation was also done in the year 1977, has set-aside the order passed by the Additional Commissioner, Ujjain and mutation in favour of the present respondents has been upheld.