LATE KESHRIMAL Vs. RAVI

JUDGEMENT

(1.) Heard.

(2.) The petitioner has filed the present petition being aggrieved by the order dated 26.10.2018 passed by Additional Commissioner, Ujjain Division whereby the appeal has been dismissed and the order of SDO dated 18.04.2017 and the order passed by the Tehsildar dated 21.10.2011 have been affirmed.

(3.) The respondents have filed an application under Section 250 of MPLR Code, 1959 before the Tehsildar, Ratlam against Keshrimal alleging that they are owner of land of Survey No.68/1 area 1.600 hectare which was earlier recorded in the name of Gangaram. Gangaram donated 0.380 Hectare to the Brahmin Samaj vide registered sale dated 23.08.2001 and recorded as Survey no.68/6/1. The remaining land .800 hectare was sold to the non-applicant Keshrimal vide registered sale deed dated 23.05.2003 which is recorded as Survey No.68/5 in his name. The land ad-measuring 0.040 hectare of Survey No.68/1 remained with Ganga Ram which he sold to respondent no.1 Ravi vide registered sale deed dated 25.04.2011. The Tehsildar, Ratlam conducted the demarcation of the land of survey no.68 and found that the land 0.040 hectare has been encroached by Keshrimal by way of fencing. He prepared the Panchnama. Respondents have approached the Tehsildar seeking removal of the fencing and handing over the possession. The notice was sent to Keshrimal at his address 10-Goshala Road, Ratlam and unserved and thereafter, the notice was affixed in his house and thereafter, he was proceeded ex-parte. The Tehsildar, Ratlam has passed the final order dated 21.10.2011 directing the Revenue Inspector to remove the fencing and hand over the vacant possession of 0.040 hectare land to the respondents. Being aggrieved by the aforesaid order, Keshrimal preferred an appeal alongwith the application under Section 5 of the Limitation Act and by order dated 18.04.2017, but the SDO has dismissed the appeal. Thereafter, he preferred the Second Appeal before the Additional Commissioner and that too has been dismissed vide order dated 26.10.2018, hence, the present petition before this Court.