MOHD. AH Vs. ABDUL RAUF

JUDGEMENT

(1.) THIS is a refer­ence dated 6-1-95 made by the learned Additional Commissioner, Faizabad Division, arising out of a proceeding under Section 198 (4) of UPZA and LR Act, decided by CRO, Sultanpur, on 4-5-95.

(2.) I have heard the learned Counsel for the parties and have gone through the relevant papers on file:

(3.) AFTER hearing the learned Counsel for the parties and perusing the records it appears that the proceeding under Section 198 (4) of UPZA and LR Act was initiated on the application of Abdul Rauf and others in respect of the lease granted in favour of Mohd. Ali and others for plot No. 87 area 0.031 decimal situate at village Sahupur, pergana Miranpur, tehsil Sadar, District Sultanpur where by several allega­tions were made to the effect that the leases in question never took place, that they were invalid that the lease holders were not living in the village but they were living in Bombay and they were not the landless agricultural labourers. On receipt of notices the lease-holders filed objection and denied the contentions raised against them by Abdul Rauf and others stating therein that the lease in question was granted in favour of their father, Lal Mohammad in the year 1976, that the can­cellation proceedings were started on 18-5-94 as such the same was time barred. It has also been contended that prior to the institution of the proceeding previously also proceeding started for the same which stood dismissed vide the Addl. Collector's order dated 27-12-93 as such the present proceedings were barred by resjudicata in the matter. After evaluating the com­plaint, objections and evidence in respect of the lease in question the CRO/Addi-tional Collector, Sultanpur, concluded that there were several other preferential agricultural labourers available in the vil­lage and the land is low lying and he found the lease in question is invalid and can­celled the same vide the order dated 4-5-95. Aggrieved by the above order a revision was preferred before the Commissioner, Faizabad Division wherein the aforesaid recommendation has been made by the learned Additional Commissioner to quash the order dated 4-5-95 passed by the trial Court and to maintained the lease in question.