EHSON BEG Vs. MOHD YASEEN BEG

JUDGEMENT

(1.) LEAVE granted. Heard.

(2.) THE lands in question originally belonged to one irfanul Haq Beg. He is stated to have died leaving a will dated 13. 12. 1967 bequeathing the suit lands to one Naseer baig (father of appellants) subject to a life interest in favour of Mariyam Bibi (wife of the testator ). The first respondent is a transferee from Mariyam Bibi under sale deed dated 11. 10. 1990. On the death of Mariyam Bibi, the first respondent sought mutation to his name in the revenue records. The appellants objected. The Tehsildar by order dated 26. 4. 2001 overruled the objections of the appellants and directed mutation from the name Mariyam Bibi to that of first respondent.

(3.) THE Additional District Magistrate set aside the order of the Tahsildar directing mutation in the name of first respondent, and directed that the name of the appellants should be entered pending rehearing. The said order was affirmed by the revisional authority. The said order was also affirmed by the High Court by dismissing the writ petition filed of the first respondent. Having dismissed the writ petition, the High Court ought not to have added any observation which would tend to virtually nullify the dismissal of the writ petition as also orders of the appellate authority and the revisional authority which were affirmed by its order. Further, the observation in regard to possession was not warranted, as it was not the subject matter of the writ petition.