SOHANLAL SURYABHAN Vs. MANOOLAL SURYABHAN

JUDGEMENT

(1.) THIS revision has been filed against the orders of the Additional Commissioner, Jabalpur Division, dated 25th July 1963 in Appeal No. 76A/27/62/63. The brief facts of the case are that the non-applicant had applied to the Naib-Tahsildar for the partition of a joint holding with the applicant. The applicant filed an objection to the partition on the grounds that the non- applicant had no title to these lands which were given to him by an oral will by his aunt Smt. Jhumnibai and that at the time of her death his aunt had adopted him as her son. The Tahsildar rejected this objection and proceeded with the partition of the holding as he was not convinced of the genuineness of the objection on the face of certain records filed by the non-applicant. The applicant filed two successive appeals to the Sub-Divisional Officer and the Additional Commissioner which were decided against him.

(2.) SHRI H.N. Dvivedi appeared for the applicant and SHRI V.K. Sapre appeared for the non-applicant. SHRI H.N. Dvivedi said that the case of the applicant has been prejudiced because he was not given an opportunity to prove the genuineness of his objection. He said that an issue should have been framed by the Naib-Tahsildar and the parties should have been called to adduce evidence in order to show if the objection raised by the applicant was genuine or not. According to him the decision of the Naib-Tahsildar was hasty and was formed without hearing the applicant.