GAON SABHA Vs. MAHABIR SINGH

JUDGEMENT

(1.) The facts are : This Bench of three Members is constituted under the orders of Honourable Chairman, Board of Revenue, dated 26-8-1993 to consider and finally decide the question involved hereon ; this arising on a reference dated 22-5-1985 by the Honourable Member Dr. Parmatma Singh. The raging controversy confronts in this manner.

(2.) Gaon Sabha has filed second appeal Nos. 119/120/1975-76 Mainpuri ; this was docketed for final disposal before referring court. When hearing in appeal was on a legal precedent : 1573 R.D. 73 is cited by respondent to buttress a point in defence ; a law suit under Sec. 209 ZA and LA Act is unsupportable in law at the instance of Gaon Sabha in case allottee refuses to vacate possession following cancellation of an allotment. He finds the opinion suspect and thence a reference to Bench to 're-think' and resolve. The Honourable Member has formulated the following points for consideration.

(3.) The question raised are open ; the Bench in session. Heard the counsel for the parties ; the judicial record under perusal.