NATHOO Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Shukla, J. This revis-ion has been preferred against the order dated 28-7-99 passed by learned Additional Commissioner, Bareilly, passed in Revision No. 37/12/439/96-97, preferred against the order dated 31- 10-96, passed by learned Additional Collector, Pilibhit, in Case No. 116/87-88 under Section 198 (4) of the U. P. Z. A. and L. R. Act.

(2.) BRIEFLY, facts are that on the report of the Tahsildar proceedings were initiated under Section 198 (4) of the U. P. Z. A. and L. R. Act against Bhagwannu but the notice was received back with a report that no person resides in the village where the land in dispute is situate of the name of Bhagwannu and the Additional Collector on 17-2-88 cancelled the lease of Nathoo, opposite party by the ex-parte, order. On 18-4-88, opposite party Nathoo filed a restoration application which was allowed on 5-10-88 by the trial Court. On 28-2-88, Nathoo filed an objection stating that the notice has been illegally issued and lease holder is neither a lease holder nor is in possession of the land in question on the basis of any lease. He claimed that he is a landless agricultural labourer and is in possession over the land from before 30-6-75. The trial Court after taking oral and documentary evidence, on 28-2-90 held that Nathoo is in possession over the land in suit from before 30-6-1975 and declared him bhumidhar with non-transferable rights. On 15-4-96 Sukhlal moved a restoration application alongwith an affidavit stating therein that a lease had been granted on 30-6-93 in his favour and his name has also been mutated in revenue records. He also prayed that the order dated 28-2-90 be recalled. Nathoo filed objection against this restoration application. The trial Court by its order dated 30-10-1996 rejected the restoration application filed by Sukh Lal. Hence the present revision has been filed.

(3.) IN view of the above, the revision is allowed, the order dated 28-7-99 passed by learned Additional Commissioner is set aside and that of the trial Court, is restored. Revision allowed. .