SURJAN LAL Vs. RAM BHAJAN

JUDGEMENT

(1.) THIS refer­ence has been received by the order of the learned Commissioner, Bareilly vide his order dated 11-7-95 in which learned Commissioner has recommended for set­ting aside the order passed by the trial Court dated 8-12-92 on the ground that in CH Form 45 entries were in the name of private parties hence prima facie the land which was recorded in the name of private parties cannot be allotted to the allottees. For examining this fact the learned Com­missioner has recommended for setting aside the order of the trial Court.

(2.) AGREEING with recommendation of the learned Commissioner, I accept the reference, allow the revision and set aside the order of the trial Court dated 8-12-92 and remand the case to the trial Court with a direction that parties be given oppor­tunity to lead evidence and then decide the case in accordance with law. Reference accepted