SUKHAI Vs. GAON SABHA

JUDGEMENT

(1.) THIS reference has been made by the learned Additional Commissioner, Gorakhpur Division, by his order dated 23-5-99 passed in Revision No. 54/237/A of 1991 recommending that the revision be allowed, the order of the trial Court be set aside and the case be remanded to it for fresh decision.

(2.) BRIEFLY the facts of the case are that in proceedings under Section 122-B (4-F) of the UPZA and LR Act and order was passed on 20-9-88 on the basis of which revisionist was held to be bhumidhar with non transferable right of the land in question. By the order dated 18-9-91 the trial Court recalled the order and rejected the claim of the revisionist. Feeling aggrieved by this order Sukhai and others filed a revision before the learned Additional Commissioner from which the present reference has arisen.

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