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HIGH COURT OF MADHYA PRADESH
Jahar Singh Gurjar – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Santosh Agrawal,Advocate General

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 31.05.2016 (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

- 3 -

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 15.06.2015 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 notwithstanding

the fact that after execution of Hiba, the pet

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