TRIVENI Vs. RANI DEVI

JUDGEMENT

(1.) THIS is a revision against the order dated 19-6-2002 passed by Additional Commissioner, Faizabad Division, Faizabad arising out of a suit under Section 229-B of the U.P.Z.A. and L.R. Act heard and decided by S.D.O. Milkipur District Faizabad on 3-8-2001.

(2.) BRIEFLY stated the facts of the case are that a suit under Section 229-B of the U.P.Z.A. and L.R. Act was instituted in respect of the plots as detailed down at the foot of the plaint; that the defendants in the trial Court starting from 3 to 5 had no concern with the same; that after the death of Bansh Bahadur disputed land ought to have been recorded in the name of plaintiff Triveni but due to error committed by the Lekhpal the name of sons of Rajit Ram (Kripa Shanker, Rama Shanker and Uma Shanker) were recorded. On issuance of notices after service no objection was preferred on behalf of the respondents before the trial Court but the plaintiff produced witnesses in support of the claims and filed documentary evidences also and ultimately the suit was decreed by the trial Court vide its order dated 3-8-2001. Aggrieved parties preferred first appeal before the Commissioner Faizabad Division, Faizabad which has been heard and decided by the impugned order of the learned Additional Commissioner dated 19-6-2002. Now aggrieved party is before the Board.

(3.) THE learned counsel for the revisionist mainly submitted that after publication under Section 4(2) of the U.P.C.H. Act the appeal alongwith the suit ought to have been completely abated by the lower appellate Court; that the lower appellate Court apparently abated the appeal and suit and passed an order to maintain status quo in the matter. Hence the order passed by the lower appellate Court was unjust, improper against the provisions of law should be quashed.