LAWS(ALL)-2000-3-179

DESHPAT Vs. JAGDISH PRASAD

Decided On March 31, 2000
Deshpat Appellant
V/S
JAGDISH PRASAD Respondents

JUDGEMENT

(1.) This is a reference dated 17.7.1995 made by the learned Additional Commissioner, Jhansi Division, Jhansi in respect of revision petition No. 200/353 of 1991-92/Lalitpur with his recommendation that the order dated 20.9.1989 passed by the learned trial court be set aside and the revision petition be allowed.

(2.) Briefly stated, the facts of the case are that on tehsil report, proceedings for cancellation of the lease granted in favour of the lessee, Jagdish Prasad were initiated and later on the learned trial court by means of its order dated 20.9.1989 discharged the notice issued against the aforesaid lessee. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has sent this reference for setting aside the aforesaid order dated 20.9.1989 passed by the learned trial court.

(3.) I have heard the learned counsel for the parties and have also perused the records on/file. For the revisionist, it was submitted that the reference be accepted, revision be allowed and the aforesaid order dated 20.9.1989 passed by the learned trial court be set aside. In reply, the learned counsel for the opposite party has urged that the aforesaid order dated 20.9.1989 passed by the learned trial court has been passed in accordance with law and as such it must be sustained and the reference be rejected and the revision petition be dismissed.