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1960 Supreme(MP) 276

A.H.KHAN, SHIV DAYAL SHRIVASTAVA
Shiv Narain – Appellant
Versus
Tahsildar, Gwalior – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Ram Roop Tiwari
For Respondents/Defendant:Anand Bihari Mishra for Respondent Janki, S.T. Mungre, Government Advocate for State

ORDER

A.H. Khan, J.

1. This is a petition under Article 226 and Article 227 of the Constitution of India and is directed against an order of the Revenue Board, re fusing to set aside an order of Tehsildar which was challenged on the ground of not being only against law, but also on the ground of being against natural justice.

2. The facts giving rise to this application are that the petitioner was a Zamindar, that some tenants executed a surrender-deed in his favour and after an inquiry, the land in question was entered as the Khudkasht of the Zamindar by an order of the Tehsildar. After the abolition of the Zamindari, the Zamindar (petitioner) was also duly entered as a Pucca tenant of the land in Revenue papers, and, he also paid rent which was accepted by the Tehsildar. Non-petitioner No. 2, Janki by an application dated 16-6-52 under section 51 of the Madhya Bharat Tenancy Act, disputed these entries, but since he did not pursue his application it was dismissed for default on 8-11, 52, five months after Janki had instituted these proceedings, and, the order of the Tehsildar acquired a finality. On 12, 12, 53, the Girdawar Qanoongo of the Circle, submitted a report to the Tehsildar















































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