MUNNI DEVI Vs. ANWAR

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA and LR Act preferred against the order dated 23-4-1997, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order, dated 6-11- 1996, passed by the learned trial Court, on an application, moved on behalf of the plaintiff, Smt. Munni Devi and others for withdrawal of the suit under Section 229-B of the UPZA and LR Act.

(2.) BRIEF and relevant facts of the case are that the plaintiff, Sml. Munni Devi instituted a suit under Section 229-B of the UPZA and LR Act with the prayer that the plaintiff be declared bhumidhar of the suit plot No. 259-ka. During the pendency of this suit, an application for withdrawal of the suit was moved on behalf of the plain­tiff, Smt. Munni Devi which has been al­lowed with permission to file another suit, by the learned trial Court on 6-11-1996. Aggrieved by this order, a revision was preferred. The learned Additional Com­missioner upheld the aforesaid order, passed by the learned trial Court and dis­missed the revision on 23-4-1997. Hence this second revision petition.

(3.) I have closely and carefully ex­amined the submissions, made by the learned Counsel for the parties and have also gone through the relevant records on file. On a close examination of the records, it is crystal clear that the learned trial Court has allowed the aforesaid withdrawal ap­plication subject to payment of costs, amounting to Rs. 50. The learned Addition­al Commissioner has also rightly upheld the aforesaid order and dismissed the revision. Tb my mind, no error of fact, law or jurisdiction has been committed by the learned Courts below, in rendering the aforesaid impugned orders. In the facts and circumstances of the instant case, the aforementioned applica­tion for withdrawal of the suit has been rightly allowed by the learned trial Court. I see no infirmity in the aforesaid impugned orders so as to warrant any interference in this second revision petition.