JEETAN Vs. PARGASI

JUDGEMENT

(1.) This reference arises from the order dated June 26, 1961 by Sri A.R. Siddiqi, Commissioner, Gorakhpur Division, in Revision No. 1/297 of 1960-61, District Gorakhpur, making no recommendation. The Revision was against the order dated Feb. 15, 1961 by Sri A.H. Drummond, Additional Collector (J.), Gorakhpur in appeal No. 90 of 1959-60. The appeal was against the order dated April 29, 1960 by Sri J.S. Mathur, Tahsildar, Bansgaon, in mutation case No. 288/56 of 1958-59.

(2.) Smt. Ram Rati filed a report claiming mutation in place of Jokhan (recorded tenure holder). Smt. Humela filed objection on behalf of herself and her to minor unmarried sisters, alleging that they were the daughters of Jokhan deceased and in possession. An application was also moved on behalf of Jitan claiming to be the posthumous son of the deceased. They also alleged that the case of Smt. Ramrati was not maintainable and the names of Smt. Humela and others had already been mutated by the order dated Feb. 25, 1959 by S.K. The lower Court held Smt. Ramrati was widow of Jokhan deceased and that Jitan was posthumous son of the deceased and ordered mutation in his favour, under the guardianship of Smt. Ramrati.

(3.) The learned Additional Collector (J.) held that the Tahsildar had no jurisdiction to entertain the mutation application in view of the previous order of the S.K. under Sec. 33-A, U.P. Land Revenue Act, allowed the appeal and set aside the order of the lower Court.