LAWS(ALL)-2003-11-39

DALBINDER SINGH Vs. TEJA SINGH

Decided On November 27, 2003
DALBINDER SINGH Appellant
V/S
TEJA SINGH Respondents

JUDGEMENT

(1.) S. R. Yadav, Member. This reference dated 9-10-97 has been made by the Additional Commissioner, Bareilly Division, Bareilly with the recommendation to set aside the order dated 14-3-96 passed by the trial Court in a case under Section 161 of Z. A. & L. R. Act and remanded the entire matter to the trial Court for deciding the same afresh.

(2.) THE facts of the case in brief are that on the application of one Dalbinder Singh and others, the proceeding for exchange of land started wherein Khata No. 59, Plot No. 199/4 area 2. 225 hectare, Khata No. 70, Plot No. 199/4 area 2. 428 hectare and Khata No. 40, Plot No. 199/4m area 0. 405 hectare were sought to be exchanged from Khata No. 53, Plot No. 481/1 area 5. 058 hectare situate in village Kataiya Pandari, pergana Jahanabad, tahsil and district Pilibhit. Reports were obtained in the matter and the opposite party, Teja Singh, filed objection with regard to exchange of the disputed land. After considering the entire matter the trial Court refused the desired exchange by the order dated 14-3- 1996. Feeling aggrieved by that order a revision was preferred before the Commissioner, Bareilly which has been heard and the aforesaid recommendation has been made by the Additional Commissioner on 9-10-97, hence this reference.