High Court of Judicature at Allahabad
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Ram Kumar v. State & Others - WRIT - C No. 18950 of 1987  RD-AH 11941 (13 July 2007)
Hon'ble S.U. Khan, J.
It is unfortunate that in pursuance of order dated 29.01.1996, appeal has not yet been decided by the Appellate Court/Commissioner/Additional Commissioner. It is a sad state of affairs.
Through this application, it has been prayed that one more point may be left open for the Appellate Court to be decided and that is regarding birth of a daughter to the tenure holder in January, 1973, who (i.e. daughter) died on 02.1.1973. Learned counsel states that a specific ground to that effect was taken before the Lower Appellate Court, which was ground No.6 and in Para 14 & 15 of the writ petition, it was specifically stated that in respect of ground No.6, the Appellate Court did not say anything. It has also been stated that due to an inadvertence, the said question could not be brought to the notice of the Hon'ble Judge, who allowed the writ petition through order dated 29.01.1996 and remanded the matter for decision on certain points.
In the interest of justice, this application is allowed. Appellate Court is directed to decide the said question also. However, a note of caution is necessary at this juncture. The question as to whether any daughter was born to the tenure-holder on 10.01.19973, who died on 02.11.1973, should be decided on the basis of clinching evidence. Sole reliance must not be placed on the entries in the Kutumb Register. Moreover, it must also be ascertained positively that when actually the entry of birth and death of Rajkumari, the alleged daughter of the tenure-holder was made in the Kutumb Register. In the photo copy of Kutumb Register annexed as Annexure 5 to the writ petition and bearing the issuing date as 06.04.1987, there is no mention that when entry was made. If there is no mention that when the entry was made, then no reliance can be placed upon the said entry.
Application is accordingly allowed to the above extent.
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