STATE OF U.P Vs. ROOP RAM

JUDGEMENT

(1.) The facts are ; On a report from Lekhpal a proceeding under Sec. 122-B Z.A. and L.R. Act begins to evict Roop Ram from occupation of Gaon Sabha khasra No. 519-M area 15 biswas recorded as manure pit in khatoni. A notice in Z A. Form 49-ka is issued with relevant particulars.

(2.) On 16-8-1978 Roop Ram enters an objection that he has purchased the land through a sale-deed from Qabul Singh. So he is in possession in his own a legal right. The land no longer vests in Gaon Sabha and action under Sec. 122-B Z.A.L.R. Act is bad in law and unsupportable. Parties are given chance to lead their evidence. On 17-12-1978 Tahsildar enters an order dropping the proceeding on the ground of purchase of land. State files a revision. On 9-9-1982 Additional Commissioner forwards a reference to set aside the said order and to eject tres-passer Roop Ram. The reference is listed for a definitive decision.

(3.) Heard the counsel for the parties and perused the record.