OMWATI Vs. BOARD OF REVENUE CIRCUIT BENCH NAINITAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Smt. Omwati (petitioner herein) filed a declaratory suit under Sec. 229-B of the U.P.Z.A. and L.R. Act before Assistant Collector, Ist Class, Jaspur, District Udham Singh Nagar, which was registered as Suit No. 22/15 of 2005/06. The said suit was dismissed vide judgment dtd. 1/11/2008. After dismissal of the suit, petitioner filed First Appeal before Commissioner, Kumaon Division, which was allowed ex-parte vide judgment and order dtd. 30/3/2013 and the petitioner was declared as Bhumidhar of the land situate at Village Rajpur comprised in Khata No. 22 Khasra No. 390. Respondent No. 9, who claimed to have purchased the land in question from respondent Nos. 2 to 6, filed a review application, which was dismissed by learned Additional Commissioner vide order dtd. 10/4/2014. Respondent No. 9 challenged the order dtd. 10/4/2014 by filing Revision No. 48 of 2013-14. His revision was allowed vide judgment dtd. 27/5/2017 by Board of Revenue and the ex parte judgment rendered by Commissioner, Kumaon Division on 30/3/2013 was set aside and the matter was remanded back to First Appellate Court. After remand, the First Appeal filed by the petitioner was dismissed by learned Commissioner, Kumaon Division vide judgment and order dtd. 31/10/2017, which was challenged by the petitioner by filing Second Appeal No. 08 of 2017-18.

(3.) Before the Second Appellate Court, i.e. Board of Revenue, petitioner filed an application under Order 41 Rule 27 of C.P.C. seeking permission to adduce additional evidence. In her application, it was contended that she being an illiterate old lady could not file the documents earlier, therefore, these documents may be accepted on record. Learned Board of Revenue has partly allowed the said application and has accepted two documents on record, namely, certified copy of the judgment and order dtd. 9/3/2007 passed in Civil Appeal No. 22 of 2006 and copy of the alleged agreement executed between Bunda Khan and petitioner on 20/5/1976. However, her request to take on record ten other documents was disallowed by the Board of Revenue. Thus, feeling aggrieved, petitioner has approached this Court.