HARPAL SINGH AND OTHERS Vs. ARJUN SINGH

JUDGEMENT

(1.) This is a revision under Sec. 219, U.P. Land Revenue Act filed by Harpal Singh and others against the order of the learned Additional Commissioner, Moradabad, confirming the order of the SDO Nagina, district Bijnor, in a mutation case.

(2.) Briefly, stated the facts of the case are that the opposite parties claimed mutation on the basis of a sale-deed dated 29.6.81 alleged to have been executed by Mst. Champa Dei alias Champiya. On behalf of opposite-party Arjun Singh, minor, his father Devendra Singh applied for mutation. The revisionists Harpal Singh and others filed an objection on 24.10.81 denying the execution of any sale-deed in favour of the opposite party Arjun Singh by Mst. Champiya during her life time, that by impersonating some other lady as Mst. Champiya got a registered sale-deed in his favour in collusion with the witnesses. In fact Mst. Champiya had executed a will in their favour and on that basis they are her legal heirs. They also denied possession of the opposite parties. Further it was stated that the sale-deed was fictitious and a very small consideration has been shown in that. The trial court after recording evidence of both the parties mutated the land in dispute in favour of the revisionists on the basis of unregistered will dated 15.6.7^. Thereafter, aggrieved with the said order the opposite parties Arjun Singh minor preferred an appeal which was allowed in his favour on 26.3.86 setting aside the order of the trial court. Subsequently, the revisionists Harpal Singh and others preferred a revision which was dismissed by the learned Additional Commissioner Moradabad, giving rise to the present revision.

(3.) I have heard the learned counsel on both sides and perused the record.