RAMZAN & ORS. Vs. KARIM DAR

JUDGEMENT

(1.) The following pedigree will show the relationship of the parties:-

(2.) The brief story of the case is that Razaq (2) died son-less, while Khaliq (1) his father was alive. Ordinarily the Revenue officers framed a mutation No. 173/18 in 1965 in order to make the necessary Dakhil Kharij i.e., replacing the name of the deceased by that of his heir. The report on this mutation shows clearly that it was Khaliq (1) himself who presented Karim (6) defendant-respondent his youngest son as heir and adopted (Parwardah) son of Razaq (2) and desired that the holding be entered in the name of Karim (6). All the Zamindars of the village testified to Karim having been adopted by Razaq. When the said mutation was put up to a Naib-Tehsildar for decision on 13th Poh 1966, he preferred to enter the name of Razaq's widow Mussammat Rahmi without giving any reason.

(3.) The Naib-Tehsildar was not within his bounds to do so when Karim (6) was admitted by the village gathering including Khaliq (1) himself to have been adopted by Razaq. In doing so he seems to have been actuated by the thought that Mussammat Rahmi would receive better care and better treatment. He ordered the holding to be entered in her name for her life time only and at the same time entered Karim (6) as her Sarbarah and adopted son. This arbitrary action of the Naib entailed another transfer as subsequently Mussammat Rahmi did apply for mutating the said holding to Karim and a File No. 101/139 was compiled and submitted to His Highness through proper channel of Revenue officers from Tehsildar up to the Revenue Minister. On the recommendation of the said officers His Highness was pleased to grant the petition and sanction the mutation of the land in the name of Karim the adopted son vide mutation No. 65, dated 23rd Katik 1970. It should be noted here that the said file is reported to have been destroyed in the record-room.