SMT. ASHA Vs. SMT. RAJRANI

JUDGEMENT

(1.) The facts are : A motion for mutation of name by Smt. Asha Sharma and others in Tahsildar's. A proclamation is issued. On 22-4-1987 a compromise in the form of family settlement is filed. On 23-8-1990 an order directs mutation in terms of family settlement.

(2.) On 2-7-1991 a motion in restoration by Pardeep Mishra. The contention is that deceased tenant Saraswati Kishore Mishra has bequeathed all his land to him ; his possession continues for the last over 30 years. The issue of proclamation is bad and ineffectual ; no knowledge could be had from publication of summon in a newspaper. The order is bad ; exparte and unsupportable. It is averted that no objection could be lodged as he was not aware of on going proceeding. The relief to set aside the order dated 23-8-1990 he prays the court for. An application to condone the delay.

(3.) On 22-8-1991 an objection by Smt. Asha Sharma reputes the pleading put forth in restoration under Sec. 201 Land Revenue Act.