MAHMOOD KHAN Vs. VIITH A D J BAREILLY

JUDGEMENT

(1.) -This writ petition was earlier dismissed by Hon'ble P. N. Nag, J., by the following order :

(2.) AGAINST the said judgment S.L.P. was filed. The Supreme Court by order dated 9.9.1996, passed in S.L.P. 9597 of 1995 (C.A. No. 11898 of 1996) reversed the said order holding that as revision had been filed before District Judge and not before the High Court, hence in such a situation writ petition should have been disposed of on merits. After setting aside the said impugned order the matter was remitted to the High Court to hear the writ petition and dispose of on merit.

(3.) LEARNED counsel has cited an authority in 1981 ARC 617. The said authority is not applicable as in the said authority the question of construction being pre or post 1.7.1946 was not involved.