LAWS(ALL)-2004-6-18

TASADDUK HUSAIN Vs. GAON SABHA

Decided On June 04, 2004
Tasadduk Husain Appellant
V/S
GAON SABHA Respondents

JUDGEMENT

(1.) THIS Revision has been filed by Tasaddak Husain against the order of Additional Commissioner Agra Division, Agra dated 30-7-1996 passed in Appeal No. 37/1993-1994 District Mathura rejecting withdrawal application dated 18-3-1996 filed against the judgment and decree dated 30-7-1996 passed by S.D.O. Math, in case No. 12/1993-94 under Section 229-B UP ZA & LR Act.

(2.) BRIEFLY stated the facts of the case are that Tasaddak Husain filed case under Section 229-B UP ZA and LR Act in the Court of S.D.O. Math for declaration of his rights over plot No. 64, area 0.96 acres situate at village Nauhjheel Khadar District Mathura. The suit was rejected by the S.D.O. Math. A revision was filed against this order in the Court of Commissioner, Agra Division which was heard by Additional Commissioner Agra. The revisionist filed an application dated 18-3-1996 to withdraw the suit with the permission to file again in the trial Court. The Additional Commissioner rejected the application vide order dated 30-7-96. Aggrieved by this order, the instant Revision has been filed in this Court.

(3.) THE Counsel for the Revisionist submitted that the order of Addl. Commissioner Agra dated 30-7-1996 is not based on facts and circumstances of the case. The Revisionist filed the suit under Section 229-B UP ZA and LR Act which was rejected by the trial Court on technical grounds that the notice under Section 80 CPC was given on 30-7-1991 while the suit was filed on 17-8-1991. Thus the suit was taken as pre-matured on the date of filing. The land was recorded in the name of his father but somehow land got recorded in the name of LMC. The S.D.O. Math decided the case without appreciation of the evidence. The revisionist wants to file fresh suit after withdrawing the earlier suit to remove technical difficulties in the suit. On the other hand, the Counsel for the OP's submitted that the orders of Additional Commissioner and S.D.O. Math are just and proper and the same be sustained.