RAM AUTAR Vs. RAJVIR SINGH AND OTHERS

JUDGEMENT

(1.) This is a reference under Sec. 218 of the U.P. Land Revenue Act arising out of two revisions, one filed by Ram Autar and another filed by Rajveer Singh, against the order dated 28-1-75 passed by the Tahsildar, Firozabad, district Agra, in a mutation case. Since the nature of the case and the parties are the same both the references are decided by a common judgment/order. Reference No. 201/LR shall be the leading tile.

(2.) The relevant facts of the case are that Rajveer Singh alias Daroga, filed a mutation report claiming succession being maternal nephew of the deceased Veera. Ram Autar tiled an objection claiming succession as an adopted son of the deceased. Later on father of Rajveer Singh by moving an application before the trial court did not press the claim of Rajveer Singh and withdrew in favour of Ram Autar. The trial court after considering the evidence held that Ram Autar was not the adopted son of the deceased and ordered expunction of the name of the deceased Veera in the disputed khata and recording the land in the name of the Gaon Sabha. Against this order dated 28-1-75 one revision preferred by Ram Autar and another revision preferred by Rajveer Singh. The learned Addl. Collector made a reference to this court recommending that the order of the trial court be set aside and Ram Autar be held as adopted son of the deceased Veera.

(3.) I have heard the learned counsel for the parties and peruse the record.