ASHARFI LAL Vs. SOMDEV & ORS.

JUDGEMENT

(1.) THIS Revision has been filed by Asharfi Lal against the order of Additional Commissioner Agra Division, Agra dated 9-4-1999 passed in Appeal No. 94/1995 District Firozabad arising out of the order dated 23-10-1994, 21-10-1994, 7-1-1992, 17-9-1991 passed by S.D.O. Jasrana in Suit No. 6/1990 under Section 176 UP ZA and LR Act.

(2.) BRIEFLY stated the facts of the case are that Somdev and others filed suit on 7-10-1990 under Section 176 UP ZA and LR Act in the Court of S.D.O. Jasrana. The lots were declared by the Court vide order dated 17-9-1991 and they were confirmed on 7-1-1992 on the basis of agreement between the parties. An application dated 7-7-1994 was made by Asharfi Lal for the restoration of the case by recalling the order dated 7-1-1992 and 17-9-1991 stating that no agreement was ever signed by him. The orders of S.D.O. Jasrana were exparte. Objections were filed by Somdev on 12-8-1994. The S.D.O. Jasrana rejected the application of Asharfi Lal on the ground that it was time barred and there was already written agreement between the parties on the lots. There was sufficient service on the parties and the orders of the trial Courts are based on merits. A revision was filed against this order in the Court of Commissioner, Agra Division which was heard and decided by Additional Commissioner Agra, who rejected the revision vide order dated 9-4-99. 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 as well as S.D.O. Jasrana are wrong as the same have been passed without proper appreciation of the evidence. It was stated that the orders of the trial Court have been passed without giving proper opportunities to the revisionist. No agreement was signed between the parties before passing the aforesaid orders regarding lots. On the other hand, the Counsel for the OP's submitted that the orders of Additional Commissioner and S.D.O. Jasrana are just and proper and the same be sustained.