MUJAMMIL Vs. ALI MOHAMMAD

JUDGEMENT

(1.) THIS is a ref­erence dated 14-8-1997 made by the learned Additional Commissioner, Moradabad Division, Moradabad with his recommendation that the order dated 23-8-1996 passed by ihe learned trial Court be set aside and after consolidating both the suits under Sections 229-B and 176 of the UPZA and LR Act ( here in after referred to as the Act) the case be remanded to the learned trial Court for decision in accord­ance with law.

(2.) BRIEF and relevant facts of the case arc that the learned trial Court rejected the application dated 23-8-96 moved for consolidating both the suits instituted under Sections 229-B and 176 of the Act relating to the same disputed land. Ag­grieved by this order a revision petition was preferred. The learned Additional Commissioner has made this reference in respect of the aforesaid revision petition with his aforesaid recommendation.

(3.) I have carefully and closely'ex-amincd the submissions made by the learned Counsel for the parties and also the relevant records on file. On close scrutiny of the records it is manifestly clear that the learned lower revisional Court has properly examined the points at issue and has correctly recommended to set aside the aforesaid order dated 23-8-1996 passed by the learned trial Court. Having closely examined the matter in question, 1 find that to achieve the ends of natural justice, it would be quite just and proper to remand this matter to the learned trial Court after consolidating both the suits as mentioned above for disposal on merits in accordance with law after affording reasonableanddueopportunity of hearing to the parties concerned.