Tikaram Kori vs Smt. Bhag Bai D/O Devkaran
2023 Latest Caselaw 14063 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 28 th OF AUGUST, 2023
                                           WRIT PETITION No. 12450 of 2022

                           BETWEEN:-
                           1.    TIKARAM KORI S/O GAYAPRASAD, AGED ABOUT
                                 48    YEARS, OCCUPATION: AGRICULTURIST
                                 KOSHAL KISHORE WARD DEVRI TEHSIL DEVRI
                                 DISTRICT SAGAR M.P. (MADHYA PRADESH)

                           2.    PRAMANAND S/O GAYAPRASAD, AGED ABOUT 46
                                 Y E A R S , OCCUPATION: AGRICULTURIST R/O
                                 KOSHAL KISHORE WARD DEVRI TEHSIL DEVRI
                                 DISTRICT SAGAR M.P. (MADHYA PRADESH)

                           3.    RAKESH KORI S/O GAYAPRASAD, AGED ABOUT 40
                                 Y E A R S , OCCUPATION: AGRICULTURIST R/O
                                 KOSHAL KISHORE WARD DEVRI TEHSIL DEVRI
                                 DISTRICT SAGAR M.P. (MADHYA PRADESH)

                           4.    RAJKUMAR S/O GAYAPRASAD, AGED ABOUT 35
                                 Y E A R S , OCCUPATION: AGRICULTURIST R/O
                                 KOSHAL KISHORE WARD DEVRI TEHSIL DEVRI
                                 DISTRICT SAGAR M.P. (MADHYA PRADESH)

                                                                             .....PETITIONERS
                           (BY SHRI DEEPAK KUMAR SINGH - ADVOCATE)

                           AND
                           1.    SMT. BHAG BAI D/O DEVKARAN W/O MANIRAM,
                                 AGED ABOUT 65 YEARS, JAWAR WARD DEVRI
                                 TEHSIL DEVERI DISTRICT SAGAR M.P. (MADHYA
                                 PRADESH)

                           2.    COMMISSIONER (REVENUE) SAGAR DIVISION,
                                 DISTRICT SAGAR (M.P.) (MADHYA PRADESH)

                           3.    SUB DIVISIONAL OFFICER (REVENUE) DEVRI,
                                 DISTRICT SAGAR M.P. (MADHYA PRADESH)

                           4.    TEHSILDAR    DEVRI DISTRIC   SAGAR   M.P.
                                 (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 29-08-2023
10:56:25
                                                               2

                                                                                         .....RESPONDENTS
                           (SHRI DR. ANUVAD SHRIVASTAVA - ADVOCATE FOR THE RESPONDENT
                           NO.1 AND SHRI DARSHAN SONI - GOVERNMENT ADVOCATE FOR
                           RESPONDENTS NO. 2, 3 AND 4)

                                 This petition coming on for this day, the court passed the following:
                                                               ORDER

This petition is filed by petitioners being aggrieved of the order dated 04.04.2022, passed by learned Additional Commissioner, Sagar Division Sagar (M.P.), on the ground that the respondent No.1 herein Smt. Bhag Bai has resorted to suppression of several facts before the competent authority.

It is submitted that vide order dated 05.07.2013 Annx.P/4, a compromise was entered into between Smt. Jagrani Wd/o Devkaran, Smt. Bhag Bai, D/o

Devkaran and Tara Chand, S/o Babulal, wherein, it is decided that all the three

persons will have 1/3rd each share in Survey No.4/1, admeasuring 3.70 hectare. Thus, once compromise was acted upon, then the so-called registered partition deed dated 25.02.2006 has lost its validity. This order dated 05.07.2013, has not been challenged by any of the parties before any competent authority.

It is submitted that after this partition, two Wills were executed by Jagrani, one in favour of Smt. Bhag Bai, which is dated 09.07.2013 and subsequent Will in favour of the petitioners which is dated 09.09.2015.

Now, the dispute is that out the two Wills which one is the valid Will. Petitioners contention is that since there exists a registered Will in favour of petitioners, therefore, mutation carried out by the Tahsildar and the order affirmed by the Sub divisional Officer does not call for any interference.

Shri Anuvad Shrivastava, learned counsel for the respondent No.1 places reliance on a decision of a Coordinate Bench dated 09.02.2023, passed in M.P.No.2664/2019 to point out that once there is a dispute in regard to the Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 29-08-2023 10:56:25

validity of the Will, then that dispute is required to be decided by the competent Civil Court. Reliance is placed on the judgment of Supreme Court in Suraj Bhan Vs. Financial Commissioner [(2007) 6 SCC 186].

After hearing learned counsel for the parties and going through the record, it is evident that there is no dispute in regard to the partition which was carried out between the parties vide order dated 05.07.2013. There is no material to show that partition amongst Jagrani, Smt. Bhag Bai and another family member is not in dispute.

The only question which is disputed is that who is entitled to the share of the land which had gone in favour of Jagrani. This issue is required to be decided by the Civil Court as to the genuineness of the Will which have been subject of litigation between the Revenue Authorities. Learned Additional Commissioner has rightly held that in absence of there being any admitted Will, Civil Court is the competent authority to decide the validity of the will and to that extent order of the Additional Commissioner setting aside the mutation order passed in favour of petitioners or reversing them, does not call for interference. Therefore, the order being passed is in accordance with law, does not call for interference.

Petition fails and is dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 29-08-2023 10:56:25