ABDUL SATTAR Vs. ABDUL RASHID

JUDGEMENT

(1.) The facts as set forth in mutation are : On 27-2-1981 Abdul Sattar's motion under Sec. 34 Land Revenue Act in Tahsildar's for entry of his name against a house and a pond in khasra No. 81/17 area 65 decimal got by him on purchase from Custodian through a certificate of sale dated 31-7-1958. A proclamation in reim is issued. On 4-4-1981 a vigorous objection by Abdul Rashid's, three persons saying applicant has no concern whatsoever with land ; the alleged purchase is dubious because subject-matter of sale has not vested in custodian. Also by reason of alleged auction sale applicant was never let into possession. The certificate of sale is result of skillful manouvering. The land partook the nature of Ziman IX : in the meanwhile they become bhumidhar tenants in possession ; the devolution coming from Niamat Ullah. Also their names are in record of rights. The relief to dismiss the motion for mutation they pray the court for.

(2.) Parties avail chance and lead evidence. In arguments full representation is made. On 28-9-1982. Tahsildar's order allowing mutation. Objector Abdul Rashid's are gloomy and a bit rattled up. They appeal. On 16-4-1987 Sub-Divisional Officer upturns the verdict appealed against; the mutation goes down. Applicant Abdul Sattar will not cave in. A revision. On 16-1-89 Shri Ravinder Tripathi, Additional Commissioner, orders dismissal of revision. Again a revision here.

(3.) Heard the counsel for and against the revision.