S. K. SARKAR Vs. RAM WATI

JUDGEMENT

(1.) This is a reference made by Sri R. P. Singh, Addl. Collector, Allahabad, in revision arising out of the orders dated 27-1-1970, passed by Sri D. C. Misra, Tahsildar Soraon, Assistant Collector, Allahabad district, in a mutation case based on succession.

(2.) The case of the parties is stated in the order of the learned referring court, which is on the record and is not, therefore, being reproduced again.

(3.) Learned counsel for the revisionist argued that the entire basis of the orders of the learned Tahsildar, Soraon, is the written statement alleged to have been filed on behalf of the respondents/O.Ps. in an earlier suit No. 84 of 1963. Learned counsel argued that since this document was inadmissible in evidence as it had not been properly proved, the orders passed by the learned Tahsildar, Soraon, are bad in law and should be interfered with in revision. Learned counsel for the respondent/O.P. argued that mutation cases, even those based on succession, are to be decided primarily on the basis of possession, and the learned Tahsildar has clearly returned a finding of possession in favour of the respondent/O.Ps. His orders are therefore, quite good in law and should not be interfered with in revision.