KISHANLAL Vs. COLLECTOR BHARATPUR

JUDGEMENT

(1.) THIS is a petition by Kishanlal under Articles 226 and 227 of the Constitution of India. rl he respondents are the Collector of Bharatpur, No. 1, Sub-Divisional Officer, Bharatpur, No. 2, Tehsildar, Nadbai Tehsil, District Briaratpur, No. 3, and Additional Deputy Custodian, Evacuee Property, Bharatpur, No. 4.

(2.) THE petitioner's case is that he had purchased a piece of land measuring 56' 8" north, 48' south, 120' east and 81' west in Mohalla Katra of Nadbai, District Bharatpur commonly known as Patti Hatupatti bounded as below as per sale-deed dated 2ist February, 1946, which was duly registered : (a) North - House of Durga Panna Vaish. (b) South - Public road. (c) East - public road. (d) West - Open land.

(3.) THE petitioner has filed a sale-deed in respect of the property in dispute. It has not been denied that the vendors of the property were atleast some of the owners of the property in dispute. It also appears from the record that the sale-deed is a registered deed and the petitioner has taken possession over the property in dispute and has erected a boundary wall around it. He is therefore entitled to retain possession of the property in dispute unless after appropriate proceedings the property in dispute is declared to be evacuee property.