SHARIFUL NISHA Vs. BISMILLAH BEGUM

JUDGEMENT

(1.) THIS is a reference made by the Additional Commissioner, Bareilly Division, arising out of a suit under Section229-B of U.P.Z.A. & L.R. Act.

(2.) BRIEFLY the facts of the case are that suit under Section 229-B Z.A. and L.R. Act was Instituted by the plaintiffs in respect of the Plot Nos. 83,258M/258-M, 160, 161 and 166 situate in village Daiya Bojh, Pergana Richha, Tahsil Baheri, District Bareilly whereby the plaintiffs claimed sole tenancy rights over the Plot Nos. 258M and 258M, while the co-tenancy rights over the Plot Nos. 160, 161 and 166 on the ground that the above mentioned plots were the bhumidhari of the father-in-law of the plaintiffs. On his death, the same came into the name of their husband Sadiq Ahmad and on his expiry, they being widows became the tenant as claimed above. It has further been pleaded in the plaint that on the basis of some forge will the defendants got their names entered over the disputed plots. A pedegree has also been given in the plaint. On the basis of above and on the ground mentioned in the plaint, the plaintiffs have claimed their rights over the disputed land. Above suit was instituted on 17-11-92 and in respect which objection dated 4-5-93 was filed by the defendants. A brief reply to the objection was given on 1-2-94. The trial Court i.e., the SDO, Baheri, passed an order on 2-3-94 whereby the objections raised by the defendants have been rejected. Against which a revision was preferred before the Commissioner, Bareilly Division, wherein the aforesaid recommendation has been made by the Additional Commissioner, whereby the order of SDO, dated 2-3-94, has been sought to be quashed; now the matter has been recommended to be remanded to trial Court for re-trial.

(3.) I have heard the learned Counsel for the revisionist and have gone through the relevant papers on file.