Lal Kumar Verma And Others vs State Of Madhya Pradesh And Others

Raj Mohan Singh, J

Learned counsel for the petitioners submits that the father of the petitioners being Karta of the family sold the coparcenary property in favour of respondent No.5 vide registered sale deed dated 16th September, 2022 in respect of the land bearing survey No.537/2/2, area 1.60 Hectare (3.9536 acres). There is a house constructed by the petitioners on the said land. The recital in terms of para No.7 of the sale deed is procedural in nature. The sale deed has already been challenged by the petitioners by filing a civil suit for declaration which is pending along with an application under Order XXXIX Rule 1 and 2 CPC. Subsequent thereto an application under Section 250 of M.P. Land Revenue Code, 1959 has been preferred by the respondent No.5 seeking reinstatement of the bhumiswami, which was improperly dispossessed. The application in question was filed in the month of July, 2023 and the Tahsildar passed the order dated 22nd September, 2023, allowing the application filed under Section 250 of the Act. An appeal was preferred by the petitioner before the Sub Divisional Officer, who reserved the case vide order dated 28th October, 2023, but later on it was shown to have been passed on that very day and communication thereof was received by the petitioner only through a notice issued by the Tahsildar on 01.01.2024. The recital of the sale deed is conspicuous in terms of non mentioning of existence of house and fruit trees. The recital is only to reflect that the land along with all uppertenants has been sold. The grievance of the petitioner is that the Revenue Officer has not taken into consideration the report of Naib Tahsidlar in which existence of house has been proved as a matter of fact and undue haste has been shown by the revenue authorities in deciding the application under Section 250 of M.P. Land Revenue Code, which is not maintainable simply on the basis of recital in the sale deed in respect of delivery of possession in favour of respondent No.5. Such a recital has a very weak evidenciary value.

Issue to the respondents on payment of process fee within seven working days by RAD mode.

Notice be made returnable within four weeks.

Till the next date of hearing, both the parties are directed to maintain status-quo regarding possession of the suit property.

Certified copy as per rules.