MAIKU Vs. RAHIMUDDIN

JUDGEMENT

(1.) This is a reference made by the Commissioner, Bareilly Division, Bareilly under his Judgement and order dated 11-6-85 passed in Revision No. 27 of 1984 of district Budaun, Maiku Vs. Rahimuddin and others preferred against the order dated 28-7-84 passed by the Additional Collector, Budaun in a case no. 103 under Sec. 198 (4) of the U.P. Zamindari Abolition and Land Reform Act, to be called the "Act."

(2.) Briefly speaking the facts of the case are that revisionist Maiku filed a complaint before the Collector Budaun with the allegations that the land in dispute consisting of plot no. 185 (3 bighas 19 biswas) 189 (16 biswas; and 190 bigha 1 Ibis was) situate in village Mohsampur, Pargana Salempur Tehsil Dataganj, district Budaan is the Gaon Samaj land and is Banjar being used as the public pasture land but the land has been let out illegally to the revisionist Rahimuddin and others The leases were cancelled after enquiry under The orders of Additional Collector dated 28-7-84 against which this revision was preferred.

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