RAVINDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present petition is filed assailing the order dated 17.12.2014 passed by the Commissioner, Kumaon, whereby review application was allowed on the ground that judgment dated 06.10.1990 passed by First Appellate Court in a suit under Section 229-B of UPZA & LR Act requires interpretation.

(2.) Brief facts of the present case, inter alia, are that Jagat Singh and others have filed suit for declaration under Section 229-B of UPZA & LR Act in the Court of Assistant Collector, Ist Class, Incharge of Sub-Division, Kashipur, Nainital as directed by Hon'ble Apex Court in its judgment dated 16.12.1987. Suit so filed was hotly contested by respondent no. 8, however, suit was decreed by the Trial Court, vide judgment and decree dated 26.9.1989; judgment and decree dated 26.9.1989 was challenged before the First Appellate Court, however, appeal came to be dismissed, vide judgment dated 6.10.1990 with the modification that suit decreed by the Trial Court shall stand decreed in favour of Jagat Singh only; judgment passed by the First Appellate Court dated 6.10.1990 was assailed by respondent no. 8 in Second Appeal before the Board of Revenue, however, Second Appeal also came to be dismissed vide judgment and order dated 25.2.2005.

(3.) After the judgment and decree dated 26.9.1989 as modified by the First Appellate Court, vide judgment and order dated 6.10.1990, stood confirmed and attained finality after the dismissal of the Second Appeal, respondent no. 8, herein, moved application before the Assistant Collector, 1st Class to mutate the name of respondent no. 8 pursuant to the orders passed in proceeding under Section 33/39 of the UP Land Revenue Act; application so moved was initially allowed by the Trial Court, however, same was dismissed by the Revisional Court, vide judgment and order dated 5.10.2013, passed by the Divisional Commissioner, Kumaon. Thereafter, review application was moved by respondent no. 8, herein, through respondent no. 9 to review the judgment dated 5.10.2013 on the ground that decree as modified by the First Appellate Court dated 6.10.1990 would mean that Jagat Singh was declared bhumidhar to the extent of 9 bigha 4 biswa land only. By the impugned orders, learned Commissioner was pleased to allow the review application by saying that interpretation of the judgment dated 6.10.1990 is required, and revision was fixed for rehearing.