MOHIT Vs. STATE OF U.P.

JUDGEMENT

(1.) This revision by Mohit is against the order of Additional Commissioner dated 15.4.1995 whereby he has dismissed a revision against the order of trial court dated 3.4.1989.

(2.) The facts as come to our notice as per exposition in the pleading are : On 18.11.1987 Mohit institutes a law suit under Sec. 229B, Z.A. and L.R. Act. The pleading is that he is bhumidhar tenant in possession ; that land was declared his tenure in consolidation. Nevertheless, his name has erroneously been omitted to be entered in. The relief of a declaration that he is bhumidhar tenant is prayed for. On 22.6.1988 an alleged Iqbaldawa in the form of a compromise by defendant Phool Chand, Puranmasi and Phagu. On 17.10.1988, the suit is decreed.

(3.) Aggrieved by the order a motion to restore the suit by Phool Chand's is filed on 30.12.1988. It is alleged no compromise was filed and no advocate by name Krishna Kant Upadhayay was engaged. It is further alleged that they became aware of decree on 29.12.1988. The relief to grant restoration is prayed for. An affidavit in support of various allegations on 3.4.1989. Restoration is granted by trial Judge.