AMAR SINGH Vs. RAGHU RAJ SINGH

JUDGEMENT

(1.) THIS second appeal has been filed by Amar Singh and others against the judgment and order dated 4-8-99 passed by learned Additional Commissioner, Chitrakoot Dham, in revision No. 237 of 1997-98 district Banda. By the impugned order the learned Additional Commissioner allowed the revision, set aside the order dated 1-7-98 passed by the learned trial Court and restored the order dated 18-9-96.

(2.) BRIEFLY the facts of the case are that Raghuraj Singh and others filed a suit under Section 229-B of the UPZA and LR Act which was decreed on 18-9-96. Nand Kumar and others moved an application for setting aside the order. The learned trial Court allowed this application. Feeling aggrieved by this order Raghuraj Singh filed a revision which was allowed by the learned Additional Commissioner and the order of the trial Court was set aside. Now Amar Singh and others have filed this appeal.

(3.) THE learned Additional Commissioner has written an elaborate order and has come to the conclusion that the application seeking recall of the order dated 18-9-96 had not been properly moved by the parties concerned. He has taken note of the fact that this application had been signed not only by the alleged heirs of the deceased but also by the other parties. This makes the application doubtful. The objections taken by Raghuraj Singh and others were relied upon by the learned Additional Commissioner. Raghuraj Singh and others had adduced evidence to establish that they were in possession of the land in question from the time of their fathers and had acquired rights therein. The learned trial Court did not consider the matter in its correct perspective and fell into a legal error in recalling its earlier order dated 18- 9-96.