CHANDRABHAN Vs. GAON SABHAA

JUDGEMENT

(1.) The facts are : On 1-1-1979 Lekhpal's report that Chandrabhan has a trespassed in 1385 Fasli over khasra no. 140 Min area, 299 Karias, the land Gaon Sabha's Jild Bandobast affirms land's nature is Banjar. His rapacious conduct causes damage to Gaon Sabha property. The cutting away of one Neem tree valuing at Rs. 250.00 ; one Sheesham tree at Rs. 200.00 and straw at Rs. 100 00. On this happening a case of ejectment and damages begins under Sec. 122 B Z A. and L.R. Act. A notice in Z.A. Form 49 Ka is issued on 3-2-1979. The objection dated 15-6-1979 shaps a stand that land has assumed nature of a grove. The trees are planted by him ; at all times he appropriates fruits of it. Some of the trees are part of his patrimoney. The charge of cutting away the straws is vain and pointless. For the steady care of the grove straws are embedded over the boundary line. The land is part of Minjumla and no survey undertaken to ascertain its exact locale. The relief to dismiss the report he prays the court for.

(2.) Parties are given, chance to lead their evidence. They have made their representation. On 28-12-1981 Tahsildar/Assistant Collector First Class enters an order evicting Chandrabhan, directs' him to deposit a sum at Rs. 550.00 as damages in Gaon Sabha Fund. Aggrieved by the order a revision. On 16-9-1992 Sri T P. Rai, Additional Commissioner, enters a reference to set aside. Tahsildars to remand the cause for re-hearing and disposal after issue of a notice in Z.A. Form 49-K.a containing all essential elements. The reference sets in the docket for a definitive decision.

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