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CHANDRA KUMAR RAI
Shiv Mohan – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Sanjay Kumar Mishra, learned counsel for the petitioner, Sri. Mohan Yadav, learned counsel for respondent Nos. 3 and 4 and Sri. Shailesh Srivastava, learned Standing Counsel for the State.
2. Brief facts of the case are that one Shri. Sahai had three sons, namely, Baijnath, Bhagwat and Ghunuwa. The family tree of Sri. Sahai is as under:-
Bhagwat son of Sri. Sahai had no male issue. Smt. Daswi wife of Bhagwat inherited the share of Bhagwat. Smt. Shikali and Smt. Ramkali inherited the share of Smt. Daswi being her daughter. Sri. Jag Nandan claimed right as a husband of Smt. Ramkali. Smt. Shivkali alleged to execute a sale-deed in favour of respondent No- 3, 4, 6, 7 & 8 and Jag Nandan alleged to execute a sale-deed in favour of petitioner. After death of Smt. Ramkali, an application dated 20.3.1978 for mutation was filed by Jag Nandan being her husband which was objected by respondent No- 2 / Shivkali stating that her sister Ramkali has not expired rather she left the village, as such, she is entitled to be recorded being real sister of Ramkali. One objection was also filed at appellate stage on behalf of Deokali (widow of Jag Mohan) guardian of
Succession rights for women under the U.P. Z.A. & L.R. Act prioritize female heirs over husbands, as established in Sections 172 and 174.
Succession rights for female tenure holders are governed by Section 172 of the U.P. Land Revenue Act, denying rights to husbands in such cases.
Complicated inheritance disputes regarding land rights should be resolved through regular civil suits, not summary mutation proceedings, as determined under applicable land laws.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
Mutation proceedings - There is no finding recorded either by Appellate Court or by Revisional Court as to who was in actual possession of property in question and therefore liable to pay revenue to ....
The court affirmed the Board of Revenue's decision, ruling that the Naib Tehsildar acted within jurisdiction and the petitioner's claims were dismissed due to lack of grounds for recall.
Mutation proceedings are summary and do not confer title; title must be established in a regular suit.
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