SMT. NANKI Vs. SMT. RAM DEI

JUDGEMENT

(1.) These 8 connected revisions have been referred to this Full Bench for a decision. In the referring order, it has been mentioned that the case involves important questions of law.

(2.) Certain facts, which have either been admitted or proved, have to be taken notice of before going on to the questions involved

(3.) In the first instance, on the application of Smt. Ram Dei the Tahsildar ordered mutation in her favour. When Suraj Deen moved the Commissioner, Allahabad Div against this order in the revision, the learned Addl. Commissioner recommended to the Board that the revision be allowed. On 15-11-1970, the Board by a Single Member decision allowed the revision, end remanded the case to the Tahsildar for a fresh decision according to law. In this order, however, it has also been noted that Smt. Ramdeis rights could not be adjudicated upon in any civil or revenue court as she had not filed any objection during the consolidation proceedings. It was also noted that the learned trial court had not given any finding regarding the claim of Smt. Nanki. The Board also observed that the Tahsildar did not give any finding about possession. The trial court disposed of the case afresh in the light of the directions of the Board of its order dated 7-10-1971 in which orders were passed for mutating the name of Suraj Deen in place of Smt. Jaggi deceased. The claim of Smt. Nanki was rejected specifically. Smt. Nanki there upon preferred revisions before the learned Additional Commissioner who dismissed the revisions. Smt. Nanki has thereupon filed the instant revisions under Sec. 219 of the U. P. Land Revenue Act before the Board.