- (1.) THIS refer ence has been received by the order dated 26-9-94 passed by learned Additional Commissioner, Bareilly, in which learned Additional Commissioner has recommended for setting aside the order of the trial Court and for declaring l/3rd share of the present revisionist in the disputed khata.
(2.) HEARD the learned Counsel for the revisionist. It has been argued by the learned Counsel for the revisionist that Maseet was the original tenure- holder and Raseet, Kallu and Allauddin were his three sons but Kallu died before Maseet and at the time of death of Kallu the present revisionist was minor and after the death of Kallu the mother of the present revisionist has remarried with Allauddin. After a perusal of the records, it is clear that the tenure-holder Maseet and three sons but after the death of Kallu the land was recorded in the names of Raseet and Allauddin. The present revisionists are the sons of Kallu who was son of Maseet and was the co-sharer of the dis puted hand. After the death of Kallu, the present revisionists have a right in the dis puted land. Hence, the order passed by the learned trial Court deserves to be set aside and the recommendation of the learned Ad ditional Commissioner is modified to the extent that the present revisionists are or dered to be recorded as co-tenants in the disputed land and the finding regarding the share of the revisionist are set aside. Reference modified. .;