PARWATIBEN Vs. STATE OF M P

JUDGEMENT

(1.) THIS order shall dispose of M.P. No. 3515/90 (Smt. Parwatibai v. State of M.P. & others) and M.P. No. 3516/90 (Smt. Parwatibai v. State of M.P. 6. others).

(2.) FACTS necessary for disposal of the present petition are; that the D.O. initiated the proceedings under section 170A of the MPLR Code and after making some inquiry held that though the property was purchased in the name of the present petitioner but as the money was financed by respondent No. 7, the present was a case of fraud, he accordingly directed reversion of the property in favour of the original holder. Being aggrieved by the said order the present petitioner filed the appeal before the appellate authority who was pleased to set aside the order passed by the SDO holding that neither there was a fraud nor non tribal Chetu was in possession of the property. The matter was taken to the Commissioner who was pleased to set aside the finding of the first appellate Court and restore that of the SDO. The petitioner took up the matter to the Board of Revenue. As the revision have been dismissed by the learned Member, of Board of Revenue these petitions have been filed under Article 227 of the Constitution of India for challenging the correctness, validity and propriety of the orders passed on 17.1.90 in revenue revision No. 261 -i/87 and 262-i/87.

(3.) LEARNED counsel for the respondents in each of the case submitted that the findings recorded by the second appellate Court were simply confirmed therefore, it was not necessary for the revisional Court to go into the details of the arguments. According to them order is in accordance with law and does not call for any interference.