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G. S. SIAL
An Singh – Appellant
Versus
Davki Devi – Respondent
JUDGMENT
G.S. Sial, M. - This is a reference made by the Commissioner under section 218 of the U.P. Land Revenue Act in a case for mutation recommending that the lower court's order be set aside and the application for mutation be rejected.
2. I have heard the learned counsel for the parties. The learned counsel for the opposite party submitted that the recommendation of the Commissioner is erroneous and should not be accepted in view of the rulings reported in 1964 A.L.J. page 197 wherein it has been held that a female, who has inherited the holding before the enforcement of the Z.A. and L.R. Act from the last male tenant, has become Bhumidhar and can transfer such holding and the transfer is valid even after her death. He also referred to 1967 R.D. page 199 and 229 in support of his contention. He further referred to 1977 R.D. page 211 and submitted that in mutation cases, only prima facie title has to be seen and if it so exists mutation may be ordered. He, therefore, argued that the recommendation of the Commissioner should not be accepted and the order of the trial court be maintained.
3. The learned counsel for the revisionist supported the recommendation and submitted that th
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