BALWANT SINGH Vs. SHISHPAL AND OTHERS

JUDGEMENT

(1.) This is a revision under Sec. 219 of the U.P. Land Revenue Act, against the order of the Additional Commissioner, Meerut Division dated 12.9.74, confirming the order dated 6.2.74 passed by the S.D.O. Meerut, in a mutation case.

(2.) Briefly stated, the facts of the case are that Sheeshpal applied for mutation over the land in dispute in place of Smt. Ratno on the basis of a registered sale deed executed in his favour. Balwant Singh, brother of the husband of Smt. Ratno and Smt. Rohtas Devi daughter of Smt. Ratno entered contest and filed objection of the ground that Smt. Ratno was no competent to execute sale deed and the sale deed is without consideration. The S.D.O. Meerut vide his order dated 6.2.74 allowed mutation as prayed for. Balwant Singh, being aggrieved by this order of the S.D.O. went up in revision to the Additional Commissioner, Meerut Division who confirmed the order of the S.D.O. giving rise to the present revision petition.

(3.) I have heard the learned counsel for both the sides. Opposite party's claim is based on a registered sale deed. Revisionists counsel argued that case be sent back to the Collector for verification of the consideration of sale deed and impounding of the sale deed. This point was not raised in the trial court. In these proceedings point of consideration cannot be looked into because mutation proceedings are of summary nature. There is a reference in the Additional Commissioner's order that a suit regarding cancellation of sale deed in question is pending before the Civil Court. It is settled law that mutation proceedings of being of summary nature should not await the finality of the regular suit, because ultimately the final decision of the regular suit would prevail over these proceedings. The orders under revision do not suffer from any illegality or irregularity which would justify revisional interference.