SIYARAM S/O. RAGHUVEER Vs. RATAN AND OTHERS

JUDGEMENT

(1.) By this writ petition, a challenge is made to the order dated 16.6.2017, whereby, order passed by the Revenue Appellate Authority was reversed while maintaining order passed by the Sub Divisional Officer. The petitioner preferred a suit based on unregistered agreement to sale and also adverse possession of 30 years. The suit was dismissed. The petitioner preferred an appeal which was allowed by the Revenue Appellate Authority, however, on further appeal by the non-petitioners, order of the RAA was reversed.

(2.) Learned counsel submits that petitioner entered into possession of the land based on unregistered agreement to sale. The possession was existing for last 30 years before filing of the suit. Learned SDO failed to consider that declaration was based on the possession, that too, with knowledge of the other party who had executed agreement to sale. In view of the above, the suit should have been decreed. The aforesaid aspect was considered by the RAA which should not have been reversed by the Board of Revenue. The prayer is accordingly made to set aside the order passed by the Board of Revenue as the petitioner acquired right in the property by adverse possession of 30 years.

(3.) I have considered submissions of the learned counsel and perused the record.