JANKAR SINGH Vs. GAON SABHA

JUDGEMENT

(1.) This is a reference made by Shri V. N. Tripathi, Addl. Commissioner, Lucknow Division through his orders dated 18-3-71, in revision arising out of the orders passed in a mutation case by Shri S. L. Kureel, Assistant Collector 1st . Class. Hardoi district dated 7-9-70.

(2.) Mutation was sought on the basis of a registered lease granted in favour of the applicant/revisionist by the Gram Sabha, Karkachmau. Par- gana Sandi, District Hardoi jurisdiction was filed on behalf of Satnu and Bacnu. Both have claimed possession over the land in suit for a long period of time and asserted that the, revisionist is not in possession of the land in suit.

(3.) Learned counsel for the revisionist argued that the validity or t otherwise of the lease granted in his favour by the Gaon Sabha could not be looked into in these mutation proceedings as the learned Assistant Collector has done. Learned counsels ncxt argument was that where the lessor admits the possession of the lesee inter vivos, objection by a third party to the effect that the lessee is not in possession should not be looked into in fiscal summary proceedings of mutation. Learned counsels last argument was that it is only the person obtaining possession by succession or transfer who can seek mutation and since the objector/O. P. does not claim possession either on the basis of succession or transfer, his objection cannot be entertained.