R.M.Sahai, J. - (1.) The controversy before the consolidation authorities was whether Raghunath transferor of the petitioners was daughters son of Smt. Tursania, and whether Lachman was son of Punni, her husband. It was found by the Consolidation Officer and the Settlement Officer Consolidation that Lachman was Smt. Tursanias son from her first husband and that Raghunath was her daughters son. In recording these findings they considered voluminous oral documentary evidence on record. The Deputy Director brushed aside the oral evidence only because it was in support of their respective cases. The best evidence to decide whether Lachman was Smt. Tursanias son from first or second husband or whether Raghunath was the daughters son or not was the oral evidence. It could be corroborated by documentary evidence which may be conclusive in nature or of strong probative value. As there was no birth extract etc. the controversy was rightly decided by the Consolidation Officer and Settlement Officer Consolidation on oral evidence supported by entries in revenue extracts. The Deputy Director in brushing aside the oral evidence ignored material evidence on record, for whatever worth it was.
(2.) The order of the Deputy Director cannot be maintained also for the reason that it is not a judgment in eye of law. He has not discussed any evidence on record but has observed that after looking into the records he was of the opinion that the orders of Consolidation Officer and Settlement Officer Consolidation should be set aside. As a revisional court he could exercise his powers under Section 48 only if he was satisfied that the order was bad for one of the reasons mentioned in the section. And this satisfaction should be expressed. The order should be a speaking order. It should indicate not only the ground but also the reason.
(3.) In the result this petition succeeds and is allowed. The order passed by the Deputy Director is quashed. He is directed to decide the revision afresh in accordance with law. The parties shall bear their own costs. Petition allowed.;