RAM SAJIWAN Vs. GAON SABHA

JUDGEMENT

(1.) THIS revision has been filed against the order dated 21-4-97 passed by learned Additional Commissioner, Jhansi in Appeal No. 9/14 of 95-96 district Banda. By the impugned order the learned Additional Commissioner dismissed the appeal and maintained the order of the trial Court.

(2.) BRIEFLY the facts of the case are that Ram Sajiwan and others filed a suit under Section 229-B of the UPZA and LR Act for declaration of their rights. The suit was decreed on 27-6-78. Thereafter a restoration application was moved on behalf of Gaon Sabha through a private Counsel. The order was recalled and an appeal was filed by Ram Sajiwan which was dismissed but on 21-12- 88 the Board decided the case in favour of the plaintiff. On 22- 9-93 Pradhan moved an application that the order dated 27-6-78 be recalled. The trial Court by its order dated 8-3-96 recalled the order dated 27-6-78. Against this order Ram Sajiwan filed an appeal which too was dismissed by the learned Additional Commissioner. Hence the present revision.

(3.) A perusal of the record reveals that the suit had been decreed on 27-6-78. In revision No. 57 of 1980-81 Ram Sajiwan v. Gaon Sabha, the Board by his order dated 21-12-88 held that private Counsel could not be appointed for Gaon Sabha without prior permission of the Collector and the orders of the Courts below passed in the case were set aside. In the circumstances of the present case the application moved by the Gaon Sabha on 22-9- 93 was not maintainable and could not be entertained. The Courts below have acted illegally in entertaining that application and in setting aside the order dated 27-6-78.