S.K. Singh, J. - (1.) Case was taken up in the revision of list. Sri Sahai, learned Advocate has been heard in support of this writ petition. No one appeared for the respondents. On earlier dates also, although Sri Sahai was present, no one appeared for respondents, upon which the case was directed to be listed per-emptorily but with no result and the situation remained the same and Sri Sahai today, on revision of list insisted for arguments and therefore, matter has been heard.
(2.) Proceedings are under section 9-A (2) of U.P.C.H. Act which relates to question of title/share between the parties. The dispute in this petition is confined to the land comprised in Khata No. 53-A situated in village Phulsanda, Pargana Nehtaur Tehsil Dhampur, District Bijnor. The claim of petitioners is that they are to get 1/2 share in the disputed land on the ground that Balloo Singh their father was adopted by Jhabba Singh who admittedly had 1/2 share in the land. Submission is that adoption deed dated 4.5.1941 which is a registered document having been fully proved besides their being a presumption of its validity, although was accepted by the Consolidation Officer to be valid document, but on quite superfluous ground the 1/2 share of petitioners has not been accepted. Submission is that Appellate Court and the Revisional Court have taken a perverse view while rejecting petitioners' claim, when they recorded finding that in view' of family settlement between the parties, share of petitioners will be accepted to be 1/4. Submission is that the evidence as has been adduced by petitioners has not been properly considered and in fact, a perverse finding by making wrong observation about facts has been recorded and therefore, findings so given by the Courts below being vitiated in law, this Court is to interfere.
(3.) In view of aforesaid submission, as no body appeared to oppose the petitioners' argument, this Court has to go into the judgments and pleadings as is available in the record.;