SURAJDEEN Vs. SARJOO ETC.

JUDGEMENT

(1.) THIS is a reference made by learned Additional Commissioner, Allahabad in a case under Section 198(4) of the UPZA and LR Act, whereby he has recommended that the order of the trial Court be set aside and the case be remanded back to it for deciding the case on merits.

(2.) BRIEFLY , the facts of the case are that Surajdeen moved an application for can­cellation of leases granted in favour of opposite-parties, stating therein that he is in possession over the land in dispute since before abolition of Zamindari and there are trees standing over it since long; and that the land is not vacant on the spot. The allotment has been done without follow­ing the proper procedure and Rules. Op­posite parties filed an objection denying the allegations made in the application for cancellation. The trial Court after taking evidence of the parties and hearing them rejected the application for cancellation vide his order dated 18-5-1993. Against which a revision has been filed before the Additional Commissioner, Allahabad who made the above reference.

(3.) THE learned Additional Commis­sioner has based his recommendation on a principle enunciated by Hon'ble High Court reported in 1995 ACJ 1313. In the circumstances of the present case, I agree with his recommendation. Agreeing with the recommendation of the learned Addi­tional Commissioner, I allow the revision, set aside the order of the trial Court and send the case back to it for decision afresh on merits according to law. Revision allowed.