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1969 Supreme(All) 319

M. H. BRG.
Manbhawati Devi – Appellant
Versus
Deputy Director Consolidation, U. P – Respondent


Advocates appeared:
K.B.Verma, Advocate, For the Appellant / S.C, For the Respondent

JUDGMENT

M.H. Brg., J. - The petitioner is the daughter of Smt. Jagpatti. Her case, that her mother had remarried a man called Mahesh about nine years before a transaction of sale in favour of the contesting opposite parties and had, therefore, lost her rights in the land in dispute, was accepted by the Consolidation Officer in proceedings under Section 9110 of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act) . An appeal to the Settlement Officer (Consolidation) , filed by the contesting opposite parties 4 to 8, the transferees from Smt. Jagpatti, failed on 28th August, 1963. The contesting opposite parties then filed a revision application before the Deputy Director of Consolidation, Opposite Party No. 1 under Section 49 of the Act. It cannot now be disputed that the provisions of Section 48 of the Act as amended on 8-3-1963 were applicable so that the Deputy Director was exercising enlarged powers of revision. The Deputy Director, in exercise of these powers, passed an order on 30-12-1963 by which he allowed certain additional documentary evidence to be filed and awarded Rs. 25/- as costs and gave the petitioner an opportunity to rebut the additional ev

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