ORDER

[01] The petitioner has filed an appeal before the Sub-Divisional Officer (Revenue) Ratlam, District Ratlam challenging the order dated 14.05.2013 passed under Section 178 of Madhya Pradesh Land Revenue Code (for brevity “MPLRC”) whereby the joint family property was partitioned between the co-sharer by accepting a fard batwara.

[02] The petitioner filed an appeal after 7 years along with an application for condonation of delay. According to the petitioner, the Tehsildar did not give any information to him about the order dated 14.05.2013. He came to know about the aforesaid order on 04.09.2020, when he obtained the certified copy of survey No.433/4 and 438/19 and found that it is recorded in the name of respondents No.1, 2 and 6. In memo of appeal, he pleaded that he knows how to sign but is not aware about any Court proceedings as he is an illiterate person.

[03] At the instance of respondents, the petitioner had signed the papers and apart from that he had no knowledge about the Court proceedings. The Learned Court has accepted the fard batwara and passed an order on 14.05.2013. The land bearing survey Nos. 433/4 and 438/19 have been registered in the name of respondents No.1, 2 & 6, but the petitioner is still in possession of the said land. Learned SDO has found that this petitioner had knowledge about the proceeding of partition before the Tehsildar, therefore, the delay is not liable to be condoned.

[04] From the pleading of memo of appeal it is apparent that the petitioner had knowledge about the partition proceedings and fard batwara. After 7 years he is disputing the partition on the ground that he had no knowledge, therefore, the SDO as well as Commissioner had not committed any error while dismissing the appeal on the ground of limitation.

[05] In view of the above, Misc. Petition stands dismissed.

(VIVEK RUSIA)

JUDGE Divyansh