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2014 Supreme(Chh) 56

MANINDRA MOHAN SHRIVASTAVA
MARSA BAXLA – Appellant
Versus
NEERA BAI – Respondent


Advocates Appeared:
Shri P.K.C. Tiwari, Senior Advocate alongwith Shri Shashi Bhushan, Advocate, for the Petitioners.
Shri R.S. Patel, Advocate, for the Respondents No. 1 and 2.
Shri Ravindra Agrawal, Advocate, for the Respondent No. 3.
Shri Rahul Tamaskar, Panel Lawyer, for the State.

ORDER

1. This petition has been filed by the petitioners assailing the correctness and validity of order dated 31.01.2005 passed by the Board of Revenue, whereby, the Board of Revenue has affirmed the order passed by the Subordinate Revenue Courts directing return of land to respondent-Neera under Section 170(B) of the Land Revenue Code.

2. Brief factual matrix necessary for adjudication of claim of the petitioners as stated in the petition is that the land in dispute originally belonged to one Jagatram, father of Neera and Chandrawati. A sale deed was executed by Jagatram in favour of Piyush Baxla (husband of the petitioner No.1 and father of petitioners No.2 to 5) on 25.04.1987 by which an agricultural land admeasuring one acre was sold for a consideration of Rs. 4,000/-. Jagatram died in the year 1996. Thereafter, on 11.09.2000, The respondents Neerabai and Chandrawati moved an application before the Sub-Divisional Officer praying for a direction to return the land allegedly sold by their father Jagatram to Piyush Baxla stating that no sale transaction had taken place and the respondent-Gouribai had fraudulently grabbed the land under a benami transaction of sale by Jagatram in fa












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