Bhave, J.-

I. By this petition under Article 226 of the Constitution, the petitioner seeks a writ of certiorari for quashing an order dated 16th February 1956 passed by the Board of Revenue, M. P., in Revenue Revision No. 32-IV of 1966.

2. The petitioner's brother Biharilal held 20.53 acres of land in Bhumiswami rights. He transferred 5.42 acres of land to each of the respondents 1 and 2 under registered sale-deeds dated 25th May 1961. These transfers were in contravention of section 165 (4) (b) of the Madhya Pradesh Land Revenue Code, 1959. The petitioner, therefore, applied to be put in possession of the said land under section 170 of the Code. Mst. Ramdulari (respondent No.6), the wife of Biharilal, also pressed her claim before the Sub-Divisional Officer for being put in possession of the said land on the ground that she was the nearer heir. The Sub Divisional Officer found as a fact that the two transfers were hit by S.165 (4) (b) of the Code. He, however, held that Mst. Ramdulari being the nearer heir was entitled to possession of the land u/s 170 of the Code. The Sub-Divisional Officer accordingly passed an order in favour of the respondent No.6 subject to the condition