NASIR AHMAD Vs. BOARD OF REVENUE

JUDGEMENT

(1.) HEARD Sri A.B. Singh, learned counsel for the petitioners, and Sri Mir Sayed, who has filed his Vakalatnama and Caveat on behalf of the respondent No.2. Learned Standing Counsel has been heard for the respondent No.1.

(2.) AFTER the learned counsel for the parties were heard, they pray that no further Affidavits are required to be filed and the matter be disposed of finally on the grounds that have been raised by the petitioners relating to the finding recorded by the Board of Revenue.

(3.) THE matter went up in revision before the Commissioner which was allowed and the matter was remanded back for reconsideration on a specific finding having been recorded in the order of the Commissioner dated 5.4.2010 to the effect that the trial and the appellate court have completely overlooked the basic evidence on record, namely the second page of the Will, which does contain the signatures of the executor. Thus, non -consideration of relevant material and perversity in the finding recorded was recited in the order of the learned Addl. Commissioner for remanding the matter back to be tried again.