PURSHOTTAM Vs. SHEO PRASAD AND ORS.

JUDGEMENT

(1.) THIS special appeal arises out of proceedings for the cancellation of a Bhumidhari Sanad.

(2.) A Sanad was granted in favour of the Respondent first set on 30th November, 1953. The Appellant made an application for cancellation of the Sanad on 10th December, 1953. The Asstt. Collector allowed this application and cancelled the sanad by an order passed on 30th November, 1954. This order was affirmed on appeal by the Addl. Commr. and in second appeal by the Board of Revenue. All these revenue authorities have concurrently held that the sanad had been obtained by practising fraud.

(3.) TILL 10th October, 1954 an Asstt. Collector of the 2nd class had jurisdiction to entertain and decide an application for cancellation of a Sanad. With effect from that day however the jurisdiction became vested in the Asstt. Collector 1st class learned Counsel for the Respondents was not able to point out any material on the record of the writ petition to support the view of the learned Single Judge that the evidence was recorded by the Asstt. Collector of the 2nd class after 10th October, 1954, the date when he lost jurisdiction over the case.