RAJENDRA KUMAR Vs. LAKHA SINGH

JUDGEMENT

(1.) This is a restoration application filed by the respondents Rajendra Kumar and Vimal Kumar sons of late Sri Krishan Lal and Smt. Puspa Rani holding power of attorney on behalf of the respondents for setting aside the judgment and order dated 17-11-989 passed by my predecessor in the final disposal of second appeal No. 15 of 1978-79 of district Nainital, Lakha Singh Vs. Rajendra Kumar arising out of the order dated 17-8-1978 passed by the Commissioner, Kumaun Division, Nainital in the execution proceedings in suit under Sec. 229-B/209 of U.P. Zamindari Abolition and 1 and Reforms Act, to be called the "Act" hereinafter.

(2.) Briefly speaking the facts of the case are that in pursuance of the decree passed in the suit of execution proceedings were initiated at the time of execution proceedings the order of amendment was passed by the trial court on 9-11-1976 whereby plot number which was the subject matter in dispute was amended in the decree on the request of Respondents Rajendra Kumar and others and Sri Lakha Singh came in appeal before the Commissioner against the order which was dismissed on 17-8-1978 by the Commissioner Kumaun Division, Nainital and the order of the trial court was confirmed The appellant Lakha Singh therefore came before this court in second appeal which was decided under the impugned judgment and order dated 17-1-1989 passed by my predecessor whereby the appeal has been allowed and the orders passed by both the courts below have been set aside.

(3.) The restoration application is supported by an affidavit filed by Smt. Pushpa Rani widow of late Sri Krishan Lal resident of Refugee Colony Kata Dongi Road, Haldwani district Nainital Counter-affidavit has been filed by Sri Puran Singh son of Sri Lakha Singh, the appellant as pairokar of the appellant Lakha Singh.