ISHWAR DUTTA Vs. BASDEO SAHAI

JUDGEMENT

(1.) THIS, revision which has been wrongfully described as an appeal arises out of mutation proceedings started upon the application of Ishwar Dutta before the Tehsildar Behror.

(2.) WE have heard the parties and have examined the record. Looking to the order that we are passing in this case it is not necessary to examine the merits at length. Suffice to observe that Ishwar Dutta, the recorded proprietor of one-fourth share in the Khewats in dispute, applied for mutation of his share in favour of a Trust alleged to have been created by him for the maintenance and upkeep of a Dharamshala. The creation of the Trust was evidenced by a registered-deed. The learned Tehsildar rejected the mutation on the ground that the income of the land was inadequate for the maintenance of the Dharamshala, that the land was ancestral property ; that the creation of the Trust would adversely affect the interest of the other co-parceners , that some of the Trustees were not willing to serve on the Trust ; and that all the Trustees were not present before him. An appeal was tiled against this order before the Additional Collector, Alwar, which too was rejected by him on 28. 9. 56, hence this revision.