SALHA BIBI Vs. ISHARI

JUDGEMENT

(1.) THE only point urged before me is that the reference under Section 12(4) of the then U.P. Consolidation of Holdings Act could be stayed Under Section 22(2) only upon the making of a reference Under Sub -section (1) of Section 22 of the Act, and not upon the publication of the Statement of Proposals under Sub -section (1) of Section 20, and consequently the lower appellate court has committed an illegality in the exercise of jurisdiction. Reliance was placed upon the case of Tila Devi v. Consolidation Officer, Faizabad and Ors. (1) (1964 ALJ 919). The following observations made therein make it clear that the decision was based upon the old law, and not Section 22(2) as amended under U.P. Act No. XVI of 1957:

(2.) IN the circumstances, the lower appellate court took the correct view of Section 22(2). The revision has thus no force, and it is hereby dismissed. Costs on parties.