SHYAM SWAROOP Vs. KRISHNA PRASAD

JUDGEMENT

(1.) This is a reference made by the Additional Commissioner, Kanpur Division, Kanpur in Appeal No. 1 of 1988 of district Etawah treating as revision preferred against the order dated 2-12-1988 passed by the Sub-Divisional Officer Bidbuna of district Etawah in suit no. 95 of 1977 of district Etawah under Sec. 229-B of the U.P. Zamindari Abolition and Land Reforms Act, to be called the "Act" hereinafter.

(2.) The facts of the case in brief are that a suit under Sec. 229-B of the Act was brought by the revisionist Shyam Swaroop son of Mauji Lal resident of village Nagla Hari Ram Pargana and Tehsil Bidhuna district Etawah against the State and two others claiming bhumidhari rights over the land in suit described at the foot of the plaint situated in the same village as his real son of the deceased recorded tenure holder Mauji Lal by inheritance. The suit was decreed ex parte first on 23-4-1977 against the defendants and on the restoration application dated 23-4-1977 i.e. the same day the ex parte judgment and decree was set aside and the suit war restored on 18-10-1977 by the trial court but it was dismissed in default on 9-12-1977 and was restored again on 21-2-1978 and this restoration was disputed and opposed by the other party as a result of which the dispute came up to the Board in revision which was allowed on 28-11-1980 with the directions that the restoration application shall be disposed of after giving due notice to the other party, when the record was received back by the trial court, on the application moved by the defendant the learned trial court passed the impugned order dated 2-12-1988 where by he directed to restore the position in the revenue records back to the stage prior to 23-4-1977 on the ground that the order dated 23-4-1977 had already been set aside. The plaintiff, therefore came before the Commissioner in the present revision in which the learned Addl. Commissioner has made this reference with the recommendations for allowing the revision and for setting aside the impugned order dated 2-12-1988.

(3.) I have heard the learned counsels for the parties and have perused the record.