AKBARI Vs. VIRENDRA KUMAR

JUDGEMENT

(1.) In relation to the property lying in Khata No. 25, Khasra No. 47/7-13-0 and Khasra No. 116/16-16-15 lying in village Dosani, Pargana Manglaur, Tehsil Roorkee, District Haridwar, it is contended by the petitioner, that the applicant to the proceedings, i.e. Sita Ram, under Sections 34 and 35 of the Land Revenue Act, 1901, have purchased the property by virtue of a registered sale deed dated 13.03.1970 and based under the strength of registered sale deed dated 13.03.1970, the proceedings under Section 34/35 of the Land Revenue Act was drawn, by the purchaser Sita Ram for getting themselves mutated in the revenue records, which was registered as Mutation Case No. 343/1970 'Sita Ram and Others vs. Jinda'. In the application thus preferred by Sita Ram and Others on 02.04.1970 on the basis of the sale deed dated 13.03.1970, it was contended that Jinda was fraudulently recorded in the revenue records, in the proceedings before the Tehsildar. The said proceedings was contested by Late Mr. Rahimuddin, who had filed his objections and after considering the pleadings, which was raised in the objection filed by Late Rahimuddin, the Tehsildar by an order dated 06.11.2008 had dismissed his objection and the application under Section 34/35 filed by Sita Ram on the basis of sale deed dated 13.03.1970, which was also filed in original on record was allowed, on the ground that the objector had not perused his objection properly and no evidence was led by him to prove his objections, consequently the Tehsildar vide his order dated 06.11.1981 had directed to record the name of purchasers, who purchased the property by sale deed dated 13.03.1970 in the revenue records, thus, direction was issued to record Sita Ram and Others, against the property described above. Thus, the application under Section 34/35 was allowed by the order dated 06.11.1981.

(2.) Being aggrieved against the order, as mentioned in the order dated 06.11.1981, as passed by Naib Tehsildar on 17.06.1970, Rahimuddin is said to have filed an application for seeking recall of the order dated 17.06.1970, passed in the application registered as Case No. 343 of 1970, by invoking the provisions contained under Section 201 of Land Revenue Act, seeking recall of the order dated 17.06.1970. The said application as preferred by Rahimuddin was rejected as against the order rejecting the application under Section 201, an appeal was filed being Appeal No. 281 of 1977 'Rahimuddin vs. Jinda', which was dismissed by A.D.M. vide his order dated 28.08.1970. Against which a revision was filed in which initially stay was granted. Later on, the application under Section 34/35 of Land Revenue Act was considered by Tehsildar, Roorkee, and has been allowed by Tehsildar by an order dated 06.11.1981. Consequently, the objection of Rahimuddin was rejected as filed by the predecessors of the petitioner.

(3.) Being aggrieved against the order dated 06.11.1981, an application under Section 201 was filed seeking recall of the order dated 06.11.1981 the same was also dismissed vide order dated 18.01.1982. Thereafter its Rahimuddin, who filed an Appeal being Appeal No. 10 of 1981 'Rahimuddin vs. Sita Ram' before the Court of Assistant Collector, same has been also dismissed vide order dated 20.02.1982, which was recorded in the revenue records on 5.03.1982.