LAJWANTI SHARMA Vs. PRADEEP KUMAR JAIN

JUDGEMENT

(1.) PRESENT writ petition has been filed by the Petitioner challenging the impugned order dated 09.04.2008 passed by the Addl. Commissioner, Garhwal Region and order dated 25.03.2009 passed by Addl. Chief Revenue Commissioner, Uttarakhand.

(2.) BRIEF facts, emerge out of the record, are that the Petitioner filed a Revenue Suit No. 25 of 2004 Under Section 229 -B of U.P.Z.A. and L.R. Act (for short the Act) in the Court of Assistant Collector, 1st Class, Dehradun against the Defendant/ Respondent Nos. 1 & 2 with the averments that Smt. Ramdai @ Kishandai W/o late Pratap Singh was the tenure holder of the land in dispute and was in possession and after her death her son Hari Chand became the owner of the property and again after the death of Hari Chand, his share vested in his wife Vidyawati who executed a WILL in favour of her daughters. Thus, the Petitioner became the bhumidhar with transferable rights and in possession over the property in dispute and the Defendant No. 1 has no right, title over the property in dispute. The Respondent No. 1 moved an application under Order -7 Rule -11 of the Code of Civil Procedure on the ground that since the land in dispute is not being used for agricultural purposes, therefore the Trial Court has got no jurisdiction to hear and decide the suit. This application was rejected by the Assistant Collector, Dehradun vide order dated 04.10.2007. Thereafter, the Respondent No. 1 preferred a Z.A. Appeal No. 19 of 2007 -08 before the Commissioner Garhwal Region, which was allowed by the Addl. Commissioner, Garhwal Region by its order dated 09.04.2008. Feeling aggrieved with the order dated 09.04.2008, the Petitioner preferred Second Appeal No. 95 of 2007 -08 in the Court of Chief Revenue Commissioner, Uttarakhand which was transferred to the Court of Addl. Chief Revenue Commissioner, Uttarakhand. But the Addl. C.R.C., Uttarakhand did not find favour with the Appellant/petitioner and vide order dated 25.03.2009 dismissed the second appeal filed by the Petitioner. Hence this petition.

(3.) I have heard the Learned Counsel for the parties and perused the record.