IMPORTANT POINT
Revisional court cannot entertain new facts to arrive at a conclusion contrary to the courts below.

JUDGMENT

V.GOPALA GOWDA, J. –

This appeal is filed by the appellants questioning the correctness of the judgment and final Order dated 2.9.2003 passed by the High Court of Judicature at Allahabad in Civil Misc. Writ No. 4688 of 1974, urging various facts and legal contentions in justification of their claim.

Necessary relevant facts are stated hereunder to appreciate the case of the appellants and also to find out whether the appellants are entitled for the relief as prayed in this appeal.

2. The appellants filed objections before the Consolidation Officer for the deletion of the name of one Bhukhali (father of the respondents) since the appellants allege that this name has been fictitiously mentioned in the revenue records pertaining to Khata no. 63 of Village Badhaiya, Pargana Kewai. The plot Nos. 552, 570 and 574 in the present case, are registered in the names of the landowners Mahadev, Shambhu Nath and Bhukhali respectively. Mahadev and Shambhu Nath belong to the same family whereas Bhukhali was the resident of another village.

3. Objections were initially filed by the appellants whose father was 1/3rd share holder of the land which was recorded in the name of Bhukhali – the father of the respondents. Mahadev and Shambhu Nath, the other share holders of the land conceded to the rights of the appellants. Rajpati – the son of Bhukhali, was also made a party to the proceedings but neither he filed any objection nor he claimed his rights over the land in question before the Consolidation Officer.

4. Objections were however, filed by the Respondent nos. 1 and 2 who are the son and daughter of Bhukhali and are his legal heirs who are the beneficiaries of the ‘Will’ executed by Bhukhali in their favour. However, the said ‘Will’ was never produced by the Respondent nos. 1 and 2 at any stage before the authorities/court.

5. The Consolidation Officer vide order dated 13.7.1971 accepted the objections of the appellants and deleted the name of Bhukhali from the revenue records by declaring that the entry of his name in the records was forged since Respondent nos. 1 and 2 failed to produce the alleged ‘Will’ executed by Bhukhali in their favour. The respondents failed to produce any other document to prove their title on the land in question.

6. Aggrieved by the Order of the Consolidation Officer, Respondent nos. 1 and 2 filed an appeal before the Assistant Settlement Officer. The same was dismissed vide Order dated 28.1.1972. Rajpati, son of Bhukhali, who was made party to the proceedings, also filed a belated appeal after about one year of passing of the Order dated 13.7.1971 on the ground that he had no knowledge about the said Order. The said appeal of Rajpati was dismissed by a separate Order dated 11.12.1972.

7. Respondent nos. 1 and 2 thereafter, filed a Revision Petition before the Revisional Authority i.e. the Deputy Director of Consolidation, Allahabad against the Order of the Assistant Settlement Officer dated 28.1.1972. However, the Respondent nos. 1 and 2 produced certified copies of documents executed in 1934 pertaining to auction sale of the land in question before the Revisional Court. The auction sale is in favour of Bhukhali which shows that the share of the appellants’ father was purchased by Bhukhali in the year 1934. The Revisional Authority, by placing reliance on this document of auction sale, vide order dated 30.4.1974 reversed the Order of the Consolidation Officer and allowed the revision petition of the Respondent nos. 1 and 2 stating that the entering of Bhukhali’s name in revenue records of the land in question had been registered as a co – owner even after the abolition of zamindari. Therefore, through this Order, the Court upheld the claim of the respondents that Bhukhali had purchased the share of appellants’ father in an auction sale.

However, the appeal of Rajpati was dismissed by the Revisional Authority on the ground that he had not preferred any objections before the Consolidation Officer claiming h