GEETAM SINGH Vs. L.M.C.

JUDGEMENT

(1.) THIS revision is directed against the order dated 21-11-92 passed by the Additional Commissioner, Agra Division, in a revision, filed against the order dated 31-3-90 passed by the trial Court in case under Rule 115-P, U.P. Z.A. & L.R. Rules.

(2.) BRIEFLY the facts of the case are that the plaintiffs-revisionists filed an application under Rule 115-P, U.P.Z.A. and L.R. Rules, on the ground that the plaintiffs are in possession over the plot in dispute as detailed down at the foot of the plaint, as the same was allotted to them in the year 1975; but the Pradhan of the Gaon Sabha has allotted the same to the opposite-parties without following the procedure prescribed for that and hence prayed that the allotment made in favour of the opposite-parties be cancelled. Notices were issued and objections were filed. The trial Court after considering the evidence on record and hearing to the parties dismissed the suit of the plaintiffs on 31-3-90. In revision, the learned Additional Commissioner, confirmed the same by dismissing the revision, on 21-12-92. Hence, the present revision has come up before the Board of Revenue is being heard by this Court today.

(3.) THE learned Counsel for the revisionist submitted that the allotment was made in favour of the revisionist in the year 1975 and they have perfected their rights over the land in dispute but the Courts below committed apparent in ignoring the oral and documentary evidence on record and acted illegally in dismissing the revision as such, the same be allowed and the impugned orders be set aside. In reply, it is contended that both the Courts below have considered the oral and documentary evidence on record and thereafter passed the aforesaid impugned orders as such, the revision be dismissed.