LAWS(ALL)-2014-2-246

RANI DEVI Vs. ADDITIONAL COMMISSIONER, LUCKNOW DIVISION

Decided On February 27, 2014
Rani Devi and Anr. Appellant
V/S
Additional Commissioner, Lucknow Division Respondents

JUDGEMENT

(1.) THE contesting respondent has filed a suit under section 229 -B for declaration that he is Sarvarakar. The said suit was dismissed by the Trial Court on the finding that this relief cannot be granted by the revenue Court and the suit is therefore not maintainable.

(2.) IT is the admitted case of the petitioner that a civil suit on this issue is pending between the parties. The order of the Trial Court in the suit under section 229 -B dismissing the same as being not maintainable, was challenged by means of revision before the Additional Commissioner. During the pendency of this revision, an application was filed by the petitioner seeking impleadment on the ground that she is recorded over the property in dispute and is in possession thereof and therefore is necessary party. This impleadment application has been rejected by means of the order impugned saying that there is a nothing on record to show that the petitioner has any interest in the property which is the subject of the suit under section 229 -B and also revision before the Additional Commissioner.

(3.) I have considered the submissions made by the learned Counsel for the petitioner.