RAM CHANDRA Vs. SHANKER

JUDGEMENT

(1.) THIS is a revision application under sec. 26 of the Rajasthan Revenue Courts (Procedure & Jurisdiction) Act. 1951, against an appellate order of the Divisional Commissioner, Kotah, dated 9. 1. 54, reversing the appellate order of the Collector. Kotah, and directing that the mutation in question be rejected.

(2.) I have heard the learned counsel appearing for the parties and have examined the record as well. The salient facts of the case are not much in dispute. The land in question originally belonged to the applicant Ram Chandra who, with a view to have the assessed land revenue reduced got it included in the khata of Dhanna who is now dead and is represented by his son Shanker, opposite party. It is alleged that on 6. 2. 50 Ram Chandra and Shanker arrived at an agreement to the effect that Shanker would have 20 bighas of land entered in the khatedari of Ram Chandra. This agreement was embodied in a document and on the basis of the same the applicant applied for mutation. The Tehsildar granted the same on the ground, the Shanker having once entered into an agreement cannot be allowed to resile from it. The Collector, Kotah, also agreed with this view. The second appellate court however, held that as no possession had actually been transferred and as the document was not registered, no mutation could be granted and the orders of the lower courts were set aside. Hence this revision.