HIRA Vs. GAON SABHA

JUDGEMENT

(1.) The facts are : On 28-10-1978 Lekhpal's report for ejectment action under Sec. 132-B Z.A. and L.R. Act against Hira : he has trespassed over khasra no. 1242 area 10 decimal. The land of Gaon Sabha is unauthorised occupation causing damage to its property.

(2.) A ejectment case is registered and a show cause notice in Z.A. Form 49 - Ka is issued. The proposed damage is Rs. 600.00 because or lose to Gaon Sabha. On 1-5-1980 Hira's objection that report is partisan. He repudiates that khasra on. 1242 area 10 decimal is in his illegal possession. Firmly he says land is not in his possession; the pathway is not under his plough in his tenure. The relief to dismiss the report he prays the court for.

(3.) Parties are given chance to lead their evidence; oral evidence is recorded and documental is filed. On 22-9-1980 Tahsildar enters an order directing ejectment of Hira and to pay a damage at Rs. 600.00. A revision. On 16-8-1989 Additional Commissioner submits a reference to uphold the order of ejectment and to set aside the order to pay damages. The reference dockets here for a definitive decision.