Mahesh Chand Bhargava Died Thr. Lrs Smt. ... vs Shri Ramesh Chand Bhargava on 20 December, 2021
brother of the petitioner filed an appeal on 10.03.2015 against the
order dated 31.10.1975 passed by the Naib Tahsildar along with an
application filed under Section 5 of the Indian Limitation Act. The
only ground which was raised by the respondent was that from the
year 1962 onwards the appellant/respondent herein had left his
village Gohinda and shifted to the house of his maternal uncle
Permanand Patel for prosecuting his studies. After completing his
studies, he started practicing as a Lawyer and at present, he is
residing in Gwalior. Till the year 2014, the appellant/respondent
herein was jointly cultivating the land and therefore, he did not get
any suspicion about the misdeeds done by the petitioner and,
accordingly, he never verified from the revenue records. On
05.08.2014 the petitioner started claiming that he is the owner of the
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THE HIGH COURT OF MADHYA PRADESH
WP-26818-2021
Mahesh Chand Bhargava died through LRs Smt. Manko Devi Vs.
Shri Ramesh Chand Bhargava
entire land and when the respondent herein was denied his claim then
he was informed that the land which had fallen to the share of
Moolchandra has already been mutated in the name of the petitioner.
Accordingly, the appeal was filed. The application filed under
Section 5 of the Limitation Act was opposed by the petitioner by
filing the written reply. The SDO by order dated 06.05.2017 not only
allowed the application filed under Section 5 of the Indian Limitation
Act and condoned the delay in filing the appeal, but also allowed the
appeal on the ground that the petitioner had failed to prove that he
was adopted by Moolchandra.