W.Broome, J. - (1.)This writ petition filed by Sumer challenges an order passed by the Director of Consolidation (Commissioner of Agra) on Jan. 9, 1962 in revision under Sec. 48 of the Consolidation of Holdings Act.
(2.)The revision had been filed against an order passed by the Deputy Director of Consolidation on June 28, 1961 in second appeal arising out of proceedings under Sec. 9 of the Act. The dispute between the parties was as to whether Sumer (the present petitioner) was the Sumer, son of Jaswant, mentioned in the village papers as one of the co-tenants of a certain holding. Roshan and Gauri Shanker (respondents 3 and 4) claimed that Sumer had already died; but the petitioner's case was that the deceased Sumer was his elder brother, who had died 40 years earlier. The respondents relied on a copy of the death register entry, showing the date of Sumer's death as Oct. 17, 1944; but the petitioner asserted that the actual date of death was Oct. 17, 1924. The Deputy Director sent for the original death register and found that the date of death recorded therein was actually Oct. 17, 1924; and he accordingly accented the petitioner's case and held that he was the Sumer, son of Jaswant, whose name stood recorded against the disputed holding, and that the death register entry related to his elder brother, who had died long ago.
(3.)In revision, the Director held that the Deputy Director had been guilty of substantial irregularities in consulting the original death register and accordingly upset his decision and gave the finding that the Sumer son of Jaswant recorded in the papers was dead and that his name should be expunged.