MAHENDRA SINGH Vs. STATE

JUDGEMENT

(1.) S. P. Pandey, J. This is a revision petition preferred against the judgment and decree dated 10-6-1998 aris ing out of a judgment and decree dated 12-5-1997 in a suit under Section 229-B of UPZA and LR Act.

(2.) BRIEF and relevant facts of the case arc that Mahendra Singh instituted a suit under Section 229-B of the UPZAand LR Act against the defendants, impleading the UP State and the Gaon Sahha, concerned as necessary parties with the prayer that he is in possession of the suit plot No. 174 area. 174 hectare situate in village Majholi, Moradabad as bhumidhar with trans ferable rights on the basis of a will deed executed in his favour by Nankoo deceased as such the declaration of his rights be made accordingly. The learned trial Court through its judgment and decree dated 12-5- 1997 decreed the aforesaid suit. Ag grieved by this order a revision was preferred. The learned Additional Com missioner allowed the revision and set aside the order dated 12-5-1997 passed by the, learned trial Court. Hence this second revision petition.

(3.) ON the contrary, a perusal of the aforementioned judgment and decree passed by the learned lower revisional Court clearly reveals that it has not reversed the finding recorded by the learned trial Court on merital points by means of cogent and convincing reasons and as such the aforesaid impugned order passed by the learned Additional Commis sioner is quite unfounded and wholly unwar ranted in law, which cannot be sustained. The finding recorded by the learned lower revisional Court is based on conjectures and surmises as well as flimsy grounds having no legs to stand upon. There has been a clear violation of substantive natural justice and manifest miscarriage of justice and fair play has been caused to the revisionist warranting interference in this second revision petition by this Court.