GYAN CHANDRA Vs. PREM CHANDRA

JUDGEMENT

(1.) THIS is a revision petition under Section 333 of the UPZA and LR Act (here in after referred to as the Act) preferred against the judg­ment and order dated 21-12-1998 passed by the learned Additional Commissioner, Moradabad Division, Moradabad, in revision petition No. 4 of the 1998-99/J.P. Nagar arising out of an order dated 6-10-1998 passed by the learned trial Court in suit No. 110 under Seetion 176 Of the Act.

(2.) BRIEFLY stated the facts giving rise to the instant revision petition are that the revisionist Gyan Chandra instituted a suit underSection 176of the Act fordivisionof holding amongst the parties concerned claiming 1/3 share and the remaining 2/3 share of the defendants 1 and 2 which vas not contested by the defendants and there­fore, the learned trial Court passed the preliminary decree accordingly and or­dered for the preparation of the lots on 19-11-1996. The Lekhpal concerned filed the lots on 20-7-1998 giving 2.97 hectares to the revisionist and the rest of the area 4.148 hectares to the defendants on the basis of possession of the parties con­cerned. The learned trial Court after com­pleting the requisite formalities cancelled the lots filed by the Lekhpal and ordered for rc-paration of lots on 6-10-1998. Ag­grieved by this order a revision was preferred. The learned Additional Com­missioner vide his order dated 24-12-1998 dismissed the revision petition. It is against this order that the instant second revision petition has been preferred before the Board.

(3.) I have closely and carefully ex­amined the submissions made before me by the learned Counsel for the parties and the relevant records on file. Section 333 (2) of the Act after the amendment by Act XX of 1997 reads as under: