TMI Blog2000 (11) TMI 1254X X X X Extracts X X X X X X X X Extracts X X X X ..... Matai Manni Gokul (died issueless) Bala Pd. Sadhau Sheetal Pd. Parmeshwar Chandrika =Smt.Sheoraja (died (died issueless) issueless) Gayadin Brindaban Mathura Gaya Hanuman Bhikhari A1 A2 A4 A5 R1 =Smt.Sukhdei R2 =Smt.Sheo Devi A3 Jagannath R3 [A represents appellant and R represents respondent] In the objections filed by them, the respondents claimed that they and the appellants are the members of Joint Hindu family and that the entries in the names of appellants are in representative capacity for all the members of the joint family and, therefore, their names should also be recorded as the co-sharers along with the names of the appellants. This claim was contested by the appellants denying existence of joint family and asserting that they are holding the khatas in their individual capacity. On considering the evidence adduced by the parties the Consolidation Officer held that all the khatas did not belong to a common ancestor and that it was not shown that they were acquired for the whole family from the joint family funds by the head of the family so he dismissed the objections on December 23, 1969. The respondents herein carried the matter in appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the consideration of the Authorities as well as the High Court was whether the parties were members of the Joint Hindu family and the khatas in question were held for their benefit, which was answered in favour of the respondents by the High Court. A perusal of the impugned order of the High Court as well as the orders of the Authorities under the Consolidation Act, shows that the appellants did not urge at any earlier stage, the contentions now raised before us under Sections 3B and 3C of the Acquisition Act, therefore, we are not inclined to deal with the said contentions. The only point which remains to be considered is the controversy which was raised and decided by all the Authorities as well as by the High Court and that is : whether the parties are members of joint Hindu family and the khatas in question are held for all the members of the joint Hindu family. Now, we shall advert to the contentions of the appellants that the High Court ought not to have interfered with the findings of facts recorded by the Deputy Director of Consolidation whose powers under the amended provision of Section 48 of the Consolidation Act are wide enough to upset or reverse the findings of f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . and Ors. [2000 (2) SCC 523]. It is true in Sheo Nand and Ors. Vs. Deputy Director of Consolidation, Allahabad and Ors. [AIR 2000 SC 1141], this Court observed : Section 48 of the Consolidation Act gives very wide powers to the Deputy Director. It enables him either suo motu on his own motion or on the application of any person to consider the propriety, legality, regularity and correctness of all the proceedings held under the Act and to pass appropriate orders. These powers have been conferred on the Deputy Director in the widest terms so that the claims of the parties under the Act may be effectively adjudicated upon and determined so as to confer finality to the rights of the parties and the Revenue Records may be prepared accordingly. But in the very next para the amplitude and the extent of the powers have been qualified thus : Normally, the Deputy Director, in exercise of his powers, is not expected to disturb the findings of fact recorded concurrently by the Consolidation Officer and the Settlement Officer (Consolidation) but where the findings are perverse, in the sense that they are not supported by the evidence brought on record by the parties or tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of certain facts, the Deputy Director arrived at the conclusion different from that reached by the Settlement Officer Consolidation but that by itself, in our view, does not under Section 48 of the Consolidation Act clothe the Deputy Director with the power to disturb the findings of fact recorded by the Settlement Officer Consolidation. The High Court in the impugned order noted : The Settlement Officer Consolidation on considering of Khewat, Annexure-1 as also application for mutation on behalf of Mathura Prasad and Ganga Krishna minor sons of Sadhau, opposite party No.1 having applied for their mutation in the joint khewat Annexure-2 and other documents together with other evidence rightly held the family to be joint and no partition had taken place. It was also pointed out that the Deputy director of Consolidation lost sight of the fact that there was no iota of evidence to indicate that the opposite parties made self- acquisition of any land. It was in that context that the High Court observed that since the evidence on record and on appraisal of law, the Settlement Officer Consolidation did not commit any error apparent on the face of the record which could have be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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