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G.S.AHLUWALIA
Chandra Shekhar Dubey – Appellant
Versus
Narendra – Respondent
ORDER
1. This petition under Article 227 of the Constitution of India has been filed against the order dated 4.11.2019 passed by the Board of Revenue in Revision No. 1009-1/2008/Datia/LR, by which the revision filed by the respondent has been allowed and the matter has been remanded back after setting aside the order of partition.
2. The necessary facts for disposal of the present petition in short are that Premnarayan and one Jay Dayal were the co-owner and Bhumiswami of land bearing Survey No. 20, 74, 218/1, 423, 425/1, 435, 436, 437, 445/1, 447, 448, 449/3, 450, 884 and 889, total area 12.011 hectare situated in village Tharet, District Datia.
3. After the death of Jay Dayal, the names of his legal representatives, i.e., Narendra Kumar, Surendra Kumar and Smt. Ramshree were mutated along with Premnarayan. It is the case of the petitioner that since Jay Dayal and Premnarayan were living separately, therefore, in the year 1969-70, they mutually partitioned the land, however, no partition was done on the revenue record and since for the purpose of loan / KCC separate agricultural holding was required, therefore, Premnarayan filed an application under section 178 of MPLRC for partiti
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