BALBIR Vs. STATE

JUDGEMENT

(1.) THE suit under Section 229-B, U. P. Z. A. and L. R. Act was filed by Balbir in the Court of SDO, Chhata, on the grounds that the rights over the land in dispute had matured under Section 122-B (4-F) of Z. A. Act. THE SDO, Chhata, by his order dated 3-12-1993 dismissed the suit on the ground that the possession was not proved prior to 30-6-1995. An appeal against this order of the SDO was dismissed by the learned Additional Commissioner, Agra, by his order dated 19-9-1996 with the finding that the plaintiff had relied on forged documents and false statement in his suit. Against this order, the present second appeal has been preferred before the Board of Revenue on the ground that the land in question was allotted to the appellant in the year 1976 but due to mistake of the Lekhpal the name was to recorded after the next year Khatauni, that he was in possession before 30-6-1995, this making him fit to be beneficiary of Section 122-B 4-F of Z. A. Act, that in proceedings under Section 122-B in the Court of Tehsildar he was given benefit under Section 122-B (4-F) of Z. A. Act by withdrawal of the notice against him, amongst others.

(2.) HEARD the learned Counsel for the appellant. Despite repeated calls and notices no one appeared on behalf of the opposite parties, perused the records carefully.