A.U. Khan, J.M. - (1.) This reference by learned Commissioner dated 30.9.1985 is to set aside the order of Sub-Divisional Officer dated 30.7.1984 and Tahsildar's dated 7.4.1984 stemning out of a proceeding under Section 114, Land Revenue Act, 1901 and to order mutation in favour of Smt. Zamania and others.
(2.) The facts as come to our notice from exposition in the pleading are : The recorded tenure-holder of land is Kandhai. He dies. The inheritance to tenure is claimed by three persons as below : (i) By Smt. Zamania as daughter only for 1/2 share. (ii) By Tota Ram, Bir Singh and Kamal Singh for 1/2 share ; on basis of a registered will dated 15.9.1978. (iii) By Bhoop Singh as grandson of deceased tenant Kandhai.
(3.) Parties have led their evidence. Each has moved a separate application ; have filed objection against the cause put forth by rival claimants. The three courts below have decided as below : (1) On 7.4.1984 by Tahsildar in favour of Bhoop Singh. (2) On 30.7.1984 by Sub-Divisional Officer affirming the order favouring Bhoop Singh. (3) On 30.9.1995 learned Commissioner's reference to rescind the orders and allow favouring Tota Ram's claiming through a will.;