MAYA DEVI Vs. HIRA LAL

JUDGEMENT

(1.) HIMANSHU Kumar Hira Lal filed a suit under Section 229-B of U. P. Z. A. and L. R. Act, in the Court of SDO, Kol, Aligarh, which was then transferred to the Court of ASDO, Kol, asking for rights under Section 122-B (4-F) of U. P. Z. A. and L. R. Act. The suit was dismissed by the ASDO, Kol, Aligarh on 25-8-1993. Against this an appeal was filed in the Court of Additional Commissioner, Agra which was allowed on 21-5-2002 setting aside the order of the ASDO, Kol, dated 25-8-1993. Against this order of the Additional Commissioner, this second appeal has been filed before the Board of Revenue on the grounds that the plot No. 408 was never allotted to the father of respondent No. 1, his name was never mutated in the revenue records, hence the suit in question was filed on the basis of forged documents, that the respondent No. 1 had land more than 3-1/8 acre and thus could not be given benefit of Section 122-B (4-F) of U. P. Z. A. Act, that the plot No. 408/16 was already recorded in the name of Birendra Singh but he was never made a party to the suit and that the plot in question was allotted to appellant Smt. Maya Devi in the year 1994 and her name was mutated in the revenue records but she was not made party in that suit.

(2.) ON 18-8-2006 the learned Counsel for both the parties were heard. I have perused th records carefully.