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Allahabad High Court · body

1981 DIGILAW 810 (ALL)

Ram Kishori (Major) v. Munni Devi

1981-09-10

B.K.MISRA

body1981
JUDGMENT B.K. Misra, Member - This is a revision arising out of the order of the learned Additional Collector, Etawah, dismissing a revision under Section 218 of the U.P. Land Revenue Act. The learned counsel for the applicant stated that in the mutation proceedings started on the death of Smt. Raja Beti, deceased, and there were three sets of applicants two on the basis of the Will and one on the basis of succession. Learned counsel's argument was that when evidence had to be adduced, issues should have been framed. He further argued that the parties would then be able to know on what point they have to lead their evidence in support of their claim. The learned counsel argued that in a regular suit procedure laid down in the C.P.C. would apply, which does not apply in cases under Section 34 of the Land Revenue Act. It may further be mentioned here that the proceedings under Section 34 can start even on a report and what is needed is a proclamation in rem. Therefore, the proceedings are easily distinguishable from the procedure prescribed for suits which the learned counsel wants to induct in this case. 2. The learned counsel has not been able to show exactly what is the material irregularity committed within the meaning of Section 219 of the L.R. Act or any want of jurisdiction or failure to exercise jurisdiction vested, in the orders of the Naib Tahsildar and the two courts below. 3. As such, the revision does not he and is dismissed accordingly.