Madhya Pradesh High Court
Ramprasad vs Babulal on 31 October, 2022
Author: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 31st OF OCTOBER, 2022
MISC. PETITION No. 3954 of 2021
BETWEEN:-
1. RAMPRASAD S/O LATE SHRI KALUTA
KUSHWAHA, AGED ABOUT 40 YEARS,
OCCUPATION: FARMER VILLAGE UJARA
TESHIL MAHARAJPUR (MADHYA PRADESH)
2. LACHHHI S/O LT SHRI KALUTA KUSHWAHA,
AGED ABOUT 35 YEARS, OCCUPATION:
FARMER VILL-UJARA,TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
3. CHHOTA S/O LT SHRI KALUTA KUSHWAHA,
AGED ABOUT 30 YEARS, OCCUPATION:
FARMER VILL-UJARA,TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
4. PUNIYA D/O LT SHRI KALUTA KUSHWAHA,
AGED ABOUT 32 YEARS, OCCUPATION:
FARMER VILL-UJARA,TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
5. NATHTHU S/O SHRI JOUHARIYA KUSHWAHA,
AGED ABOUT 59 YEARS, OCCUPATION:
FARMER VILL-UJARA,TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
6. PARAM S/O SHRI JOUHARIYA KUSHWAHA,
AGED ABOUT 55 YEARS, OCCUPATION:
FARMER VILL-UJARA,TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
.....PETITIONER
(BY SHRI M.K. MISHRA-ADVOCATE)
AND
1. BABULAL S/O DASIYA KUSHWAHA VILLAGE
UAJRA TEHSIL MAHARAJPUR (MADHYA
PRADESH)
2. RAMKUNWAR W/O LT SHRI ANTU KUSHWAHA
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 11/2/2022
12:59:37 PM
2
VILL-UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
3. MOOL CHANDRA S/O LT SHRI ANTU KUSHWAH
VILL-UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
4. CHIRKU S/O SHRI DASIYA KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
5. KANHAIYA LAL S/O SHI DASIYA KUSHWAHA
VILL-UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
6. PRABHU S/O SHRI MUKUNDI KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
7. KALLU S/O SHRI MUKUNDI KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
8. BHALU S/O SHRI MUKUNDI KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
9. SITARAM S/O SHRI MUKUNDI KUSHWAHA
VILL-UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
10. MANNU S/O SHRI NOURA KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
11. GIRJA S/O SHRI NOURA KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
12. BHAROSI S/O SHRI NOURA KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
13. RAMA S/O SHRI NOURA KUSHWAHA VILL-
UJARA,TEH-MAHARAJPUR DISTT-
CHHATARPUR MP (MADHYA PRADESH)
14. DEENDAYAL S/O NAVLANAI VILL-UJARA,TEH-
MAHARAJPUR DISTT-CHHATARPUR MP
(MADHYA PRADESH)
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 11/2/2022
12:59:37 PM
3
15. ADDITIONAL COMMISSIONER SAGAR DISTT-
SAGAR M.P (MADHYA PRADESH)
16. SUB DIVISIONAL OFFICER REVENUE NAUGAON
CHHATATPUR (MADHYA PRADESH)
17. TEHSILDAR MAHARAJPUR TEH-MAHARAJPUR
DISTT-CHHATARPUR MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHAILENDRA SINGH-ADVOCATE FOR RESPONDENTS
1-14
KU. KAMLESH TAMRAKAR, PANEL LAWYER FOR THE
RESPONDENTS 15-17/STATE)
Th is petition coming on for hearing this day, th e court passed the
following:
ORDER
This miscellaneous petition has been preferred against the order dated
14.10.2021 passed by Additional Commissioner, Sagar Division, Sagar
whereby the Additional Commissioner has set aside the order dated 10.02.2016
passed by S.D.O. Nowgaon, District Chhatarpur in Case No.33/Appeal/2014-
15 whereby learned S.D.O. has set aside the order of Tehsildar dated
15.07.1988 passed in Namantran Panji No.51.
2. As per submissions made by the learned counsel for the parties, it is
clear that in the present case, dispute is with regard to the property left by
Chitwa son of Sarmaniya, who had allegedly executed a Will in favour of the
respondents Babu, Attu, Chirku and Kadaiyan (Kanhaiya) on the basis of which
the order was passed by Tehsildar on 15.07.1988 in Namantran Panji No.51.
Although, the order of Tehsildar was set aside by S.D.O. but the same has been
reversed by the Additional Commissioner vide impugned order dated
14.10.2021 in case No.457/A-6/2015-16.
3. Learned counsel for the parties submit that during pendency of the
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 11/2/2022
12:59:37 PM
aforesaid revenue proceedings, one civil suit i.e. RCS-A/1100004/2014 (Kaluta
Kushwaha and four others Vs. Babulal and 26 others) was instituted on
14.03.2014, which has been decided on 30.04.2022 as dismissed but vide
paragraph no.30 of the judgment dated 30.04.2022, (copy of which has been
provided to this Court today by the petitioner's counsel) Will (Ex.P/6) in
question allegedly executed by Chitwa in favour of aforesaid four respondents,
has not been found proved and in the last lines of the same paragraph no.30, it
has also been held that on the basis of Will, Babulal, Attu, Chirku and Kanhaiya
(Kadaiyan) cannot be said to be exclusive owners of the property left by
Chitwa.
4. In the light of the findings recorded in paragraph no.30 of judgment
dated 30.04.2022 passed by the Civil Court, this Court deems it appropriate to
set aside the order dated 14.10.2021 passed by Additional Commissioner,
Sagar Division, Sagar and to remand the case back to the Tehsildar for passing
appropriate order in the light of the judgment and decree dated 30.04.2022.
5. With the aforesaid observations, this petition is allowed and disposed
of.
(DWARKA DHISH BANSAL)
JUDGE
sh
Signature Not Verified
Signed by: S HUSHMAT
HUSSAIN
Signing time: 11/2/2022
12:59:37 PM
