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2009 Supreme(UK) 555

ALOK SINGH
VIRENDRA SINGH – Appellant
Versus
RAM SINGH – Respondent


Advocates:
For the Petitioner:Mr. Manoj Tiwari, Sr. Advocate, assisted by Mr. Sandeep Adhikari, Advocate
For the Respondents:Mr. A. Rab, Advocate

JUDGMENT

With the consent of the parties, this writ petition is being disposed of finally at the admission stage.

2. Heard at length Mr. Manoj Tiwari, counsel for the petitioners and Mr. A. Rab, counsel for the respondents.

3. By way of present writ petition, petitioners are assailing the order dated 09.10.2009 passed by the Additional Chief Revenue Commissioner, Uttarakhand, Dehradun, by which revision No. 07/2002-03 was allowed. While allowing the Revision, learned Additional Chief Revenue Commissioner has observed that longstanding entries were illegally disturbed in summary proceedings. Learned Commissioner also held that Mr. Raj Narain was sole owner in his own right and property in dispute was self acquired property.

4. Brief facts of the present case are that petitioners moved an application before the Record Officer, Dehradun under section 54 of U.P. Land Revenue Act, saying property in dispute was of Mr. Fateh Singh. It was further contended that Fateh Singh had four sons namely Raj Narain, Narain Singh, Nand Ram & Sher Singh. According to the petitioners, this property was HUF property and after death of Fateh Singh, names of his above four sons should have been mutated.





















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