LALJIT SINGH Vs. PYARELAL

JUDGEMENT

(1.) THIS is an appeal against an order of a learned single Judge of this court rejecting a petition which was directed against an order made by a member of the Board of Revenue.

(2.) THE facts, in brief, are these. "the appellants filed a suit against one Bhup Singh under Section 175, U. P. Tenancy Act. That suit was dismissed by the Assistant Collector. An appeal against the order of the Assistant Collector was dismissed by the Additional Commissioner. Then there was a second appeal before the Board of Revenue which came up for hearing before a member of the Board namely Sri Abdul Rauf. He was of opinion that the appeal should be allowed, but under the rules of the Board no appeal can be allowed by one member unless the order is concurred in by another member. The record was therefore sent to another member of the Board namely Sri T. N. Srivastava for concurrence. Sri T. N. Srivastava considered that he should hear the parties before recording his concurrence and so he sent notices to the parties and fixed 17-2-1954 for the purpose. On that date it so happened that none of the parties appeared before him and so he passed the order "none present, I agree". A little later on the same day on behalf of Bhup Singh an application was made to the learned member praying that the order made in the absence of the parties may be cancelled. The learned member set aside his order and directed that notice shall issue to the other party and the case will be heard in the presence of both the parties.

(3.) THE date fixed for hearing both the parties was 29-3-1954. Before the matter could be heard by the learned member of the Board the writ petition which has given rise to this appeal was presented before this Court for quashing the order dated 17-2-1954. An application for staying the hearing of the appeal on 29-3-1954 was also made but was rejected, with the result that the matter was heard by the learned member of the Board and after hearing both the parties he did not concur with the opinion of the other member and dismissed the appeal.