JAGAR NATH Vs. RAM SIROMANI AND OTHERS

JUDGEMENT

(1.) Revision no. 112 of 1980-81 pertaining to District Varanasi was filed by Jagarnath, son of Sheobodh, resident of village Birnal Taluka Konrh, pergana Bhadohi, tahsil Gyanpur district Varanasi against the order dated 31-10-1980 of Additional Commissioner, Varanasi, rejecting his revision against the order dated 3-4-1979 of Additional Collector, Varanasi in a proceeding under rule 115-P of the U.P. Z.A. & L.R. Rules.

(2.) Briefly stated, the facts of the case are that revisionist filed an application for cancellation of lease in respect of plot no. 75 reserved for abadi site during consolidation operations in favour of Ram Siromani, son of Jai Narain and Jeet Narin son of Pratap on 31-3-75. Objection as filed by Ram Siromani on 27-6-75. After recording evidence of the parties and hearing them, the trial court rejected the application vide order dated 3-4-79 on the ground that the application was premature in so far as the permission of the S.D.O, had not been accorded on the lease granted by the L.M.C. Revision of the applicant was also dismissed by the Additional Commissioner under Sec. 333-A of Z.A. Act. Accordingly, second revision under Sec. 333 of the said Act was preferred in this court.

(3.) I have heard the learned counsels for the parties and gone through the record.