RATIRAM Vs. SUKHBARI

JUDGEMENT

(1.) This is a revision against the order of the Additional Commissioner, Agra Division, Agra dated 16.7.86 dismissing the revision of Rati Ram against the order of the Sub-Divisional Officer, Mainpuri dated 11.6.85 whereby the application for restoration moved by the revisionist was rejected.

(2.) Briefly stated the facts of this case are that a patta of the disputed land was executed in favour of Sukhbari Lal by the Land Management Committee and he was put in possession. Subsequently the revisionist Rati Ram is alleged to have ousted Sukh Basi Lal from the land. Sukhbasi Lal, therefore applied to the Sub-Divisional Officer under Sec. 198-A of U.P. Act No.1 of 1951 on 6.10.82 to be put in possession again.

(3.) The learned Sub-Divisional Officer issued notice but the revisionist did not appear. He ordered for the restoration of possession to the pattedar Sukhbasi Lal by his order dated 31.1.83 and possession was also delivered to him on 30.8.83. Subsequently an application was moved by Rati Ram before the Sub Divisional Officer on 8.11.83 to the effect that no notice had been served upon him and he had no information about the delivery of possession which was not done on the spot, hence the order dated 31.1.83 be set aside and the case be restored.