Revision under sec. 211 of bombay land revenue code
Adv M.D.Azhar
(Querist) 22 January 2015
This query is : Resolved
Sir, I have one case in which the problem is as follows:
There is a land which was given to the applicant’s husband by the state. In the year 1986 the said land was sold to a tribal (Aadiwasi) by way of the registered sale deed. Mean while entry was not made in the revenue record. So being a heirs, applicant’s name was entered in the revenue record. he also taken loan from the banks, entry also made in the records of rights regarding the loan. But in the year 1992 the effect of the sale deed was made in the revenue records, which came into the knowledge so it was challenged before the appropriate authority. Meanwhile because the possession was not handed over to the opponent he filed a suit before the civil court in which, consent decree was passed by the court. Which states that now the plaintiff will not have any right over the property because he will purchase another land instead of the present land. the land is also not in the possession of the opponent nor he is owner of the said property that is also written in the consent decree. Meanwhile entry was made in the revenue record therefore challenged by the present applicant so revenue department (deputy collector) passed order in the favor of the applicant due to consent decree. Than after another suit was filed before the civil court by the opponent which was rejected u.s. order.7,r.11 of the c.p.c. and cost was also awarded to the plaintiff for bringing the another suit in respect of the said property. Against the order of the S.D.M. opponent filed a revision before the collector which was granted without going in to the merit of the case and without looking to the orders of the civil courts collector passed order in favor of the opponent. so I have preferred a revision before the land department. so revenue department had a query that, once any land transfer by anyone to tribal than it becomes restricted land and tribal can not be evicted from the said land. So is it right? Or If yeas so what about the consent decree and orders of the civil courts. Sir please guide me I am from Gujarat. Bombay land revenue code is applicable here. Moreover original owner is not tribal.
T. Kalaiselvan, Advocate
(Expert) 26 January 2015
No opinion can be given without seeing the orders passed in the consent decree and the orders passed by SDM and Collector. Moreover, the land supposed to have been allotted by the government is under what scheme and what is the tribal restriction to do with the purchase of land by a tribal person?,
