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2022 Supreme(MP) 110

PURUSHAINDRA KUMAR KAURAV
Firoz Khan – Appellant
Versus
State of M. P. – Respondent


Advocates:
Jaideep Sirpurkar for Petitioner; Rohit Jain, Government Advocate for respondnets No. 1 to 4; M.A. Usmani for respondents No. 5 to 10.

ORDER

1. The petitioner has approached this Court against the order dated 14.12.2021 (Annexure-P-5) whereby, the appeal preferred by the petitioner has been rejected affirming the order passed by the Sub Divisional Officer dated 31.5.2016 (Annexure-P-3).

2. The land bearing Khasara No.482/29 and 484/2, Patwari Halka No.30/65, Bandobast No.80, situated at revenue circle Chand, District Chhindwara was owned and recorded in the name of one Safi Khan S/o Daraz Khan. The private respondents are legal heirs of late Safi Khan. According to the petitioner, on 12.12.2006, late Safi Khan sold part land of aforesaid Khasaras and the remaining land was gifted to the petitioner by executing a Hiba in presence of witnesses. The petitioner has states that after execution of Hiba, the petitioner came in possession of the said property and is residing therein with his family. He further states that on the basis of Hiba, the name of the petitioner came to be recorded in the Municipal record. On 15.6.2015 i.e. after the death of Safi Khan, the names of private respondents came to be recorded in the revenue record in place of Safi Khan not with standing the fact that after execution of Hiba, the petitio

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