Paragraph numbers below are the court’s original numbering, recovered from the source text.
9. The decision of the Revisional Authority in entertaining the revision at the instance of the contesting respondent Nos.1 and 2 therefore does not suffer from any jurisdictional error.
10. The other issues which have been found in favour of C the contesting respondent Nos.1 and 2 are basically questions of fact.
11. The appellants herein have not been able to prove that they are in actual physical possession. Inasmuch as it has been 0 found that in the year 1377F, in 1379F in 804/3 no possession is shown, in 1382F possession has been shown to be of one year, in 1383F in one crop nothing has been sown. In 1384F no one has been shown to be in possession, Khasra for 1386F has not been filed and the Khasras from 1375F to 1385F have E been filed, but there is no proof of continuous possession.
12. In the background of this factual position, the findings of the lower authorities that the name of the appellants should be recorded as Bhumidar is not factually correct. Thus a finding which is based on the analysis of the factual aspect by the F revisional authority is normally not upset by a superior Court unless it is demonstrably shown to be perverse. In the case in hand, no such case is made out.
13. The Deputy Director Consolidation has held that the G appellants are not the actual cultivators and actual cultivator cannot be deprived of his land on technical ground especially when revisionists belong to a weak section of the community as they belong to Scheduled Caste (Jatav). We also do not find any error in the aforesaid findings arrived at by the revisional H authority. . ;, AJAB SINGH & ORS. v. ANTRAM AND ORS. [ASOK KUMAR GANGUL Y, J.]
14. It is a well settled legal position that unless finding of A the revisional authority suffers from error of jurisdiction, the Superior Court should not interfere.
15. The order of the High Court, therefore, has correctly approved the order passed by the revisional authority. We see no reason to take a different view.
16. The appeal is dismissed. There shall be no order as to costs. D.G. Appeal dismissed.
