LADWATI Vs. TEJPAL SINGH

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA and LR Act preferred against the order dated 7-2- 1 996 passed by the learned Additional Commissioner, Moradabad Division. Moradabad arising out of an order dated 7-9- 1992 passed by the learned trial Court in proceedings under Section 1 98 (4) of the UPZ And LR Act:

(2.) BRIEF and relevant facts of the case are that the applicant-revisionist, Smt. Ladwaii, widow of Fauji Kripal Singh moved an application under Section 198 (4) of the UPZA and LR Act that a lease was granted in her favour on 23-12-1975 ior an area admeasuring 3. 12 acres situate in village Fatehullahpur Tehsil Hasanpur, district Moradabad and her name is recorded as Bhumidhar with non-trans­ferable rights in the Khatauni for 1382-87F. But later on, 1 .33 acres was re-allot ted in favour of the opposite party, Tejpal Singh on 13-3-1988 and the remaining area of 1.89 acres was recorded as Banjar and as such the area admeasuring 3.12 acres be recorded in her name as before. The learned trial Court by means of its order dated 7-9-1992 partly allowed the aforesaid application. Aggrieved by this order, a revision petition was preferred. The learned Additional Commissioner has remanded the matter to the learned trial Court with certain directions as to the examining of records concerned and verification of the area of aforesaid plot numbers 60 and 70 and recording of the names of the allottees as per the allotment concerned. Hence, this second revision petition.

(3.) I have closely and carefully con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. From a perusal of the records, it is crystal clear that a lease was granted in favour of Ladwati widow of Kripal ad­measuring 3.12 acres but later on, out of this area, 1.33 acres were allotted to the opposite party, Tejpal Singh and as such, this case needs a detailed and close ex­amination of the records concerned and to find out the circumstances in which the aforesaid area admeasuring 1.89 acres was re-allotted to the opposite party, Tejpal Singh out of the aforesaid area 3.12 acres (already allotted to the applicant-revisionist, Smt. Ladwati). After a close and detailed examination of the records, the correct area of the plots concerned should be recorded in the name of the allottee concerned after making a spot inspection in presence of the patties con­cerned.