GAON SABHA Vs. KUNWAR PAL

JUDGEMENT

(1.) THIS is a reference made by the learned Addl. Commissioner, Agra Division, on 22-4-93 with the recommendation that the revision be allowed and the matter be remanded for retrial.

(2.) THE facts of the case are that Mithhan Lal and others instituted a suit under Section 167/168-A, U.P. Z.A. and L.R. Act which was opposed by the opposite-parties. The Gaon Sabha also stated that the suit is barred by Section 168-A of the Act. The trial Court after considering the evidence on record held that the suit is not barred by Section 168-A of the Act, vide the order dated 29-6-91. Against that order Gaon Sabha went in revision wherein the aforesaid reference has been made by the learned Additional Commissioner.

(3.) FROM the perusal of file it is evident that the sale-deed had been executed in the year 1972 for the land having area less than 3/1/8 acres as such, the same be treated in the category of fragmentation. Thus, I find the reference made by the learned Additional Commissioner is just and proper which must be accepted. In the result, the reference is accepted, the revision is allowed and the impugned order dated 29-6-91 is set aside and the matter is sent back to the trial Court for decision afresh in the light of observations made by the Additional Commissioner. Reference accepted.