PARWAT (DECEASED)(SUBSTITUTED BY BHAJAN LAL) Vs. STATE

JUDGEMENT

(1.) THIS is a ref­erence dated 5-7-1996 made by the learned Additional Commissioner, Jhansi Division, Jhansi in respect of revision petition No. 35/46 of 1987-88 Lalitpur with his recom­mendation that the order of the learned trial Court by means of which the lease granted in favour of the revisionist has been can­celled in part be maintained.

(2.) BRIEF and relevant facts of the case are that the cancellation proceedings of the lease grafted in favour of the revisionist were initiated on the Tehsil report. The learned trial Court after completing the req­uisite formalities cancelled the aforesaid lease granted in favour of the revisionists. Aggrieved by this order, a revision was preferred. The learned Additional Com­missioner has made this reference along with his aforesaid recommendation.

(3.) I have properly examined the sub­missions made by the learned Counsel for the parties and relevant records on file. On a close scrutiny of the records it is .manifestly clear that the learned Addi­tional Commissioner in the third para of his order dated 5-7-1996 has clearly men­tioned that the order dated 27-11-1987 passed by the learned trial Court is liable to be set aside and the whole lease of the revisionist deserves to be maintained. But in the fourth para possibly it has been inadvertently mentioned that the aforesaid order passed by the learned trial Court be maintained. A bare perusal of the records clearly reveals that the learned trial Court has not properly examined the matter in question in correct perspective of law and has illegally cancelled the lease of the revisionist in part. In fact, in the facts and circumstances of the instant case the lease of the revisionist is liable to be maintained as has been held in para 4 of the aforesaid order dated 5-7-1996 passed by the learned Additional Commissioner. Moreover, it is worthwhile to mention here that the Additional Collector, Lalit­pur by means of his order dated 15-7-1980 has ordered the case to be registered and notice to be issued to the opposite-party and as such further proceedings in the instant case have been rendered vitiated by means of the aforesaid order dated 15-7-1980 passed by the learned Additional Collector, Lalitpur.