MOHAMMED SHARIF Vs. ASHFAK S/O AMIN

JUDGEMENT

(1.) These intra-court appeals are directed against the order dt. 23.08.2017 commonly passed by the ld. Single Judge in SBCWP Nos.10071/2017 and 10072/2017, whereby these writ petitions were dismissed.

(2.) Subject matter of the dispute is 24 bighas 6 biswas of land situated in Patwar Halka Bhawanipura, Tehsil Hindauli, District Bundi which was allotted in the name of appellant-petitioner Mohd. Sharif and Lal Mohd. jointly. Ld. counsel appearing for the appellant-petitioner has contended that Lal Mohd. was never in possession of the said land and never cultivated it and the same remained in exclusive possession and cultivation of the appellant. In fact, Lal Mohd. executed a relinquish deed in regard to the said land. The appellant filed a suit in the revenue court seeking declaration that he is the sole khatedar tenant of the land and names of legal heirs of Lal Mohd. i.e. Mohd. Shafi and Subrati be deleted from the revenue record. This suit was dismissed and the appeal preferred against the said judgment was also dismissed upto the Board of Revenue.

(3.) Ld. Sr. counsel submits that another revenue suit was also filed by the legal heirs of Lal Mohd. for partition of the said land, wherein preliminary decree was passed in their favour. Appeals preferred by the appellant against this judgment were also dismissed upto the Board of Revenue. Ld. counsel for the appellant has strenuously argued that the judgment passed by the revenue courts as also the Board of Revenue are not legally correct. The appellant was having title over the land on the basis of adverse possession. This fact has not been considered in right perspective by the courts below. Ld. Single Judge has also not appreciated the contentions raised by the appellant properly. Ld. counsel appearing for the respondents has opposed the contentions raised by the opposite side.