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Revision No. 156 of 1958‑59, decided on 8th September 1959.
para. 8 -Person not shown to be owner of particular land in revenue. records‑Cannot be allowed to retain such land.
Dharamdas Moolchand for Petitioner.
This is a revision filed against an order, dated the 24th of July 1959, passed by the Land Commissioner, Hyderabad, whereby he rejected the ‑appeal of the petitioner which he had preferred against an order passed by the Deputy Land Commissioner who had allowed him to retain such land only as was entered in his name in the revenue records:
The facts of the case are that the petitioner put in Forms LC‑I and LC‑II claiming to be one‑fourth share‑holder in an area of 3,059 acres and 19 ghuntas of land. Enquiries were held and it transpired that he was entered as an owner in respect of 119 acres and 12 ghuntas only. He was allowed to retain this land only. The petitioner felt aggrieved and went in appeal to the Land Commissioner who dismissed it. Hence this revision.
I have heard the learned counsel for the petitioner. He has shown me a document in which Lachhman Das is shown as one‑fourth co‑sharer along with his three brothers, each of whom is shown as an owner of one‑fourth share. Whatever land goes to the petitioner as an owner in respect of these revenue records has been allowed to be retained by the petitioner. On the basis or these revenue records, the learned counsel for the petitioner wishes me to hold that, even in those khatas where Lachhman Das's name is not entered as an owner, he should be considered as an existing owner. I am afraid, I cannot accept this con tention. We have to go by the entries in the revenue records as such. Besides, the entries mentioned above, there is no entry for the coming in which Lachhman Das is shown as an owner. In these circumstances, no interference is justified. The revision fails and is dismissed hereby.
S. Q. Revision dismissed.
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