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1972 Supreme(All) 153

K.N.SETH, SATISHCHANDRA
Dilawar Singh – Appellant
Versus
The Gram Samaj – Respondent


Advocates:
U. N. Khare, for Applicant; Standing Counsel, for Opposite Party.

Judgement

K.N. SETH, J. :- In consolidation proceedings Smt. Tulsa was allotted a chak in lieu of certain plots of which she was the recorded tenure-holder. While the consolidation operations were still in progress she died in 1962. On her death, the appellant made an application under Section 12 of the Consolidation of Holdings Act (hereinafter referred to as the Act) for mutation of his name in place of her name claiming to be her heir, being the daughter's son. Another application was filed by one Nathu Singh. The Gaon Samaj also entered the arena claiming that Smt. Tulsa had died without leaving any heir and her property had vested in the Gaon Samaj. The Consolidation Officer, by his order dated 13-5-1963, upheld the claim of the present appellant and rejected the claim put forward by the Gaon Samaj and Nathu Singh. The Gaon Samaj preferred an appeal which was allowed by the Settlement Officer (Consolidation) by an order dated 28th November, 1963 holding that the property of Smt. Tulsa had vested in the Gaon Samaj. Against the order of the Settlement Officer (Consolidation), the appellant filed a revision on 12th December, 1963. Before the revision was filed, a notification unde


















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