NEKI RAM Vs. AVAS EVAM VIKAS PARISHAD

JUDGEMENT

(1.) The facts are ; On 3-3-1976 Neki Ram and Ram Das institute a declaratory law suit under Sec. 229-B Z.A. and L.R. Act in the court of Revenue Officer, Saharanpur. The pleading has set forth the facts of their claim for a declaration of tenurial right as bhumidhar tenant in possession as respects land of Schedule 'A' On 23-4-1976 defendant Sardar Harnam Singh files a written statement refuting Neki Ram's claim. The case is put forth in all its essential details. State of U.P. has also files a written statement on 3-4-1976. Issues are framed on basis of pleading. Parties given chance to lead their evidence. They have made their representation. On 4-9-1985 Additional Sub-Divisional Officer, Saharanpur enters an order dismissing the suit.

(2.) Neki Ram's appeal. On 3-7-1986 Additional Commissioner enters an order dismissing the appeal. The ground taken is that khasra Nos. 561, 564, and 565 admeasuring 5-9-0 have been acquired by State Government by notification dated 2-4-1992. The suit is filed subsequently thereto on 18-3-1976. Plaintiff has presented his case before Land Acquisition Officer forward of compensation. The issue relating to compensation is still sub-judice in the court of District Judge, Saharanpur. So the suit in revenue court is not maintainable.

(3.) Aggrieved by this order Neki Ram files a second appeal.