GENDA LAL Vs. ASSISTANT CUSTODIAN

JUDGEMENT

(1.) S. P. Pandey, J. This is a revision petition preferred against the order dated 6-9-1995 passed on a review petition filed against the judgment and order dated 22-4-1993 passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of the judgment and order dated 3 ()-7-1992 passed by the learned trial Court in a suit under Section 229-B of the UPZA & LR Act.

(2.) BRIEF and relevant facts of the case are that the plaintiff, Genda Lal instituted a suit under Section 229- B of the UPZA & LR Act with the prayer that the plaintiff is bhumidhar over the disputed suit land as detailed at the foot of the plaint and the name of the defendant No. 1, Custodian Revenue Property, Moradabad be expunged from the revenue records. The learned Trial Court by means of its order dated 30-7-1992 dismissed the aforesaid suit. Aggrieved by this order an appeal was preferred. The learned Additional Com missioner has upheld the aforesaid order passed by the learned trial Court and dis missed the appeal. Later on, a review peti tion was filed by the plaintiff, Genda Lal. The learned lower appellate Court by means of its order dated 6-9-1995 has dis missed this review petition as time barred. Hence this revision petition.

(3.) NO error of fact, law or jurisdiction has been committed by the learned Addi tional Commissioner so as to justify any interference in this revision petition by this Court. To my mind the aforesaid order dated 22-4-1993 passed by him is sus tainable and wholly warranted in law and as such it must be maintained.