LAWS(DLH)-2010-3-95

RAJENDRA KUMAR SHARMA Vs. FINANCIAL COMMISSIONER

Decided On March 16, 2010
RAJENDRA KUMAR SHARMA Appellant
V/S
FINANCIAL COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioner, Mr. Rajendra Kumar Sharma is aggrieved by the decision of the revenue authorities and the Financial Commissioner dismissing his application for recording his name in the revenue records as sole trustee of Piyaoo Khairati Lal on land measuring 3 bigha 16 biswa in revenue estate of village Najafgarh, New Delhi.

(2.) As per the petitioner himself, one Mr. Khairati Lal Sharma was owner of the aforesaid land and he had constructed dharamshala, well and piyaoo (kiosk) etc. After his death on 17th February, 1962, his wife Ms. Mahadevi was recorded as half owner/bhumidar of the said land.

(3.) On 11th July, 1969, Ms. Mahadevi executed a registered document, which has been described as a gift deed in the cause title. The said document records that Ms. Mahadevi was owner/bhumidar of the said property and it is further stated that the doner, i.e., Ms. Mahadevi, had executed and admitted that Piyaoo Khairati Lal was for the welfare of the people and as long as she was alive, she would look after the said piyaoo and after her death her grandson Mr. Janardan or his heirs or nominee would look after the said piyaoo.