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2014 Supreme(UK) 411

ALOK SINGH
Bhuwan Chandra Sah – Appellant
Versus
Additional Commissioner Kumaon Uttarakhand – Respondent


Advocates:
Advocate Appeared:
Mr. B.C. Pandey, Senior Advocate assisted by Mr. Siddhartha Sah, Advocate for the petitioners.
Mr. M.C. Pandey, Senior Advocate assisted by Mr. Devesh Upreti, Advocate for respondents.
Mr. Jagdish Singh Bisht, Advocate for respondent Nos. 10, 12 and 13.

Judgment :

Petitioners have invoked Articles 226/227 of Constitution of India assailing the orders dated 15.09.2003, 11.06.1998 and 22.01.1999 whereby mutation application, moved by the petitioners herein to mutate the name of the petitioners in the revenue record over the property in dispute pursuant to the oral family settlement and subsequent memorandum of family settlement dated 30th September, 1935, was rejected by the Tehsildar and appeal and revision arising therefrom were also came to be dismissed.

2. Brief facts of the present case, inter alia, are that name of Harkishan Lal Sah was recorded in the revenue record as the owner in possession of the property in question. Undisputedly, Shri Harkishan Lal Sah had three brothers, namely, Bhawani Dass Shah, Moti Ram Shah and Kundan Lal Shah. It is stated before me that name of Shri Harkishan Lal Shah was recorded in the revenue record in a representative capacity being elder brother / karta, since, in fact, property was joint Hindu family property of all the four brothers. It is further stated that after the death of Harkishan Lal Shah in the year 1926 sons of Harkishan Lal as well as Bhawani Dass Shah, Moti Ram Sah and Kundan La





























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