RAM CHANDRA Vs. RAMESH CHANDRA

JUDGEMENT

(1.) This reference is submitted by Additional Commissioner by his order dated 28-11-1994 who recommends that order of trial Court dated 23-12-1993 be set aside-an order rejecting motion of Ram Chandras in an action at law under Sec. 198(4) Z.A. and L. R. Act.

(2.) The facts are : On 27-11-1992 Ram Chandra and six others move an application under Sec. 198(4), Z. A. and L. R. Act in the Court of Collector, Fatehpur. It is alleged lease in favour of allottees Bhagwan Din is irregular for various reasons. It was executed on 15-7-1974 Bhagwan Din is now dead and his sons are Ramesh Chandra, Suresh Chandra and Dinesh Chandra. The information about lease came in consolidation when allottees Ramesh Chandra's move for mutation of their names. This led to inspection of file on 25-11-1991 and disclosure of action of Land Management Committee. The delay, therefore, is condonable. On 12-3-1993 an inquiry report by Tahsildar. On 13-5-1993 an objection by Ramesh Chandra, Suresh Chandra and Dinesh Chandra on the ground, inter alia, that application is barred by over-run of limitation. On 27-12-1993 trial Court rejects application. A revision by application Ramesh Chandras is referred to this Court on 28-11-1994 the recommendation to direct trial Court to re-think question of over-run of limitation in the light of settled case law on the subject. The reference dockets here for appraisal and a definitive decision.

(3.) Heard the Counsel for toe parties; the record has been perused.