LAWS(ALL)-2004-2-230

PAWAN KUMAR Vs. LALA RAM

Decided On February 24, 2004
PAWAN KUMAR Appellant
V/S
LALA RAM Respondents

JUDGEMENT

(1.) THIS revision has been filed against the order dated 23-9-1998 passed by the Additional Commissioner in a revision, filed against the order dated 28-2-1994 passed by the trial Court in a case under Section 229-B, Z.A. and L.R. Act.

(2.) IT appears that the file of Ram Lal v. Than Singh, was sent to SDO, Kol, Aligarh for deciding the issue of abadi. The SDO, on the basis of Tahsil reports dated 18-1-1993 and 20-1-1992 decided the issue as the disputed land had no abadi and the land is agricultural land, vide the order dated 28-2-1994. Feeling aggrieved by that order a revision was filed before the Commissioner, Agra which has been dismissed by the Additional Commissioner, Agra Division, on 23-9-1998 holding that the revision is not maintainable. Hence, this revision has been filed before this Court.

(3.) FROM the perusal of file I find that the trial Court has recorded finding that the disputed Plots 3687 and 3689 are not abadi on the spot while the same is agricultural land and the same finding has been maintained by the learned Additional Commissioner, Agra Division. Thus I find both the Courts below have recorded finding of facts that the disputed land is not abadi and the same finding cannot be disturbed in revision. Here, the learned Counsel for the revisionist has failed to show any illegality or irregularity committed by the Courts below.