Back
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 1st OF SEPTEMBER, 2022
MISC. PETITION No. 3941 of 2021
BETWEEN:-
1.
AWADH NARAYAN SAHU S/O SHRI BABULAL SAHU,
AGED ABOUT 64 YEARS, OCCUPATION: AGRICULTURIST
VILLAGE IKLAMA TEHSIL GOHARGANJ DISTT. RAISEN
(MADHYA PRADESH)
2.
RAJKUMAR SAHU S/O SHRI BABULAL SAHU, AGED
ABOUT 64 YEARS, OCCUPATION: AGRICULTURE VILL.
IKLAMA, TEH. GOHARGANJ, DIST. RAISEN (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI SHOBHITADITYA, ADVOCATE)
AND
1.
HEMENDRA KUMAR SAHU S/O SHRI BABULAL SAHU,
AGED ABOUT 46 YEARS, OCCUPATION: AGRICULTURE
VILLAGE IKLAM TAHSIL GOHARGANJ DISTT. RAISEN
(MADHYA PRADESH)
2.
HITENDRA KUMAR SAHU S/O SHRI BABULAL SAHU,
AGED ABOUT 44 YEARS, OCCUPATION: AGRICULTURE
VILL.
IKLAMA, TEH. GOHARGANJ, DIST. RAISEN
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUBODH KATHAR, ADVOCATE)
This petition coming on for hearing this day, the court passed the following:
ORDER
This Miscellaneous Petition is filed under Article 227 of the Constitution of India
being aggrieved of order dated 18.10.2021, Annexure P-9 passed by learned Additional
Commissioner, Bhopal in Case No.826/Appeal/2017-18 (Anneuxre P/9) on the ground
that father of the petitioners Shri Babulal Sahu executed two registered sale-deeds in
1
Digitally signed by MOHD TABISH KHAN
Date: 2022.09.12 19:37:46 IST
SAN
Signature Not Verified
favour of the petitioners on 25.02.1969 for the sale of his land in old Khasra No.11/1 and
new Khasra No.22 ad-measuring 25.86 acres to the petitioner No.1 and his land
contained in old khasra No.33 and 34 (new Khasra No.15), 40, 42 and 288/31/1 ad-
measuring 25.46 acres to the petitioner No.2 at village Umariya, Tehsil Goharganj, District
Raisen. Petitioners lost their mother in 1972, when father of the petitioners namely
Babulal Sahu married with Smt. Savitri Bai in 1973 from whom respondents No.1 and 2
were respectively born in the year 1975 and 1978.
Petitioner's contention is that father of the petitioners was left with around 13 acres
of land which was available for bequeathing to the respondents No.1 and 2 and
accordingly, petitioners had handed over possession of the said land to the respondents
in 1992-1993 by way of a family arrangement. In the year 2012, petitioners obtained copy
of the revenue record when they came to know that respondents had deceitfully
partitioned the property of their father by including the land of the petitioners which was
transferred to the petitioners by way of registered sale-deeds and half of the land of the
petitioners was arbitrarily mutated in the name of respondents vide order/revenue entry of
Nayab Tehsildar dated 09.05.1989. It is submitted that partition and correction of revenue
records dated 09.05.1989 was done behind the back of the petitioners without affording
any opportunity of hearing to the petitioners. Petitioners filed an appeal before the Sub
Divisional Officer, Goharganj on 24.08.2012 which was registered as Case
No.79/Appeal/2011-12 along with an application for condonation of delay. SDO
dismissed the application for condonation of delay, thereafter, an appeal was filed before
the Additional Commissioner which was registered as Case No.815/Appeal/2012-13.
Additional Commissioner remanded the matter to the SDO vide order dated 21.09.2017
with an observation that father of the petitioners Shri Babulal Sahu having already sold his
land to the petitioners by registered sale-deeds had no authority and right or interest in the
partition of the said land.
2
Digitally signed by MOHD TABISH KHAN
Date: 2022.09.12 19:37:46 IST
SAN
Signature Not Verified
SDO allowed the appeal of the petitioners vide order dated 20.03.2018 and had
set aside the mutation entry dated 09.05.1989 holding that land sold to the petitioners by
the registered sale-deeds could not be partitioned.
In the meanwhile, respondents preferred a civil suit vide RCS No.2-A/2018 against
the petitioners for declaration of their title as per order
