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2014 Supreme(UK) 522

ALOK SINGH
Jagdish Singh Rawat – Appellant
Versus
Dilip Singh – Respondent


Advocates:
Advocate Appeared:
Mr. M.C. Kandpal, Senior Advocate assisted by Mr. Maneesh Bisht, Advocate for the Petitioners.
Mr. Servesh Agarwal, Advocate for the Respondents.

JUDGMENT

Alok Singh, J.

1. Undisputedly, earlier the name and possession of Govind Singh was recorded as bhumidhar with transferable rights in revenue record, after the death of Govind Singh, name of Rajendra Singh, being his natural son, was recorded as bhumidhar with transferable rights in the revenue record; petitioners have purchased land in question vide registered sale deed dated 17.12.2007 from Sri Rajendra Singh, recorded bhumidhar of the property in question; having purchased the land from Sri Rajendra Singh, the petitioners moved an application for mutation under Section 34 of the UP Land Revenue Act; learned Tehsildar, vide order dated 12.11.2009, was pleased to direct mutation in favour of the purchasers from Rajendra Singh i.e. petitioners, herein; feeling aggrieved, respondents, herein, filed an appeal before the Collector, Nainital, it was stated before the appellate court that in fact the respondents, herein, were in actual physical possession of the property in question and have matured their title on the basis of adverse possession, therefore, names of the petitioners ought not have been mutated in place of Rajendra Singh, vender/bhumidhar with transferable rights











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