CHANDER Vs. BHOLU
LAWS(RAJ)-1955-6-5
HIGH COURT OF RAJASTHAN
Decided on June 30,1955

CHANDER Appellant
VERSUS
BHOLU Respondents

JUDGEMENT

- (1.) This is a reference under Sec 24 of the Rajasthan Revenue (Procedure and Jurisdiction) Act, 1951, by the Collector, Alwar in a case relating to mutation proceedings.
(2.) As the parties did not put in appearance despite notice, I have myself carefully gone through the record of the case.
(3.) It appears that Chander, Sampat etc. of village Dhamavas, Tehsil Tijara got mutation No. 42 entered by the patwari in respect of fields No. 114, measuring 7 bighas 17 biswas and No. 115, measuring 7 bighas 15 biswas stating that they had sold their biswedari rights over the land in question to Bholu, Hemkaran, Sohan, etc. for Rs. 3500/ -. This mutation was duly attested by Shri Rajaram Bhargava, Naib Tehsildar, Tapukra on 1 - 7 -52. On 10 -7 -52 Hema Karan, one of the vendees, applied for a copy of the mutation proceedings to the Tehsildar Tijara. The Tehsildar by his order dated 16 -7 -52 ordered the Office kanugo to issue a copy in accordance with rules. There is nothing on record to show whether the office kanugo ever complied with the order and issued a copy. Curiously enough, there is an endorsement duly signed by the Tehsildar of Tijara dated 10 -7 -52 whereby a reference was made to the S.D.O. Tijara "for orders after seeing the record". In this endorsement the Tehsildar has stated that ordinarily all transfers of immoveable property of the value of Rs. 100/ - and above should be registered under the Indian Registration Act, but the Naib Tehsildar of Tapukra had in disregard of this provision sanctioned the mutation for the sale of the land for Rs. 3500/ -. The S.D.M., Tijara Shri K.M. Rastogi, forwarded the papers to the Collector, Alwar with the remark that since under Sec. 54 of the Transfer of Property Act, the sale of property in question could not be effected except by means of a registered document and as no document had been registered the mutation proceedings were absolutely void and deserve to be set aside. The Collector Alwar agreeing with the recommendation of the S.D.O. has now made a reference to this Board under Sec. 28 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act.;


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