BABU LAL Vs. RAM KALI

JUDGEMENT

(1.) This revision by Babu Lal becomes a reference by order of Additional Commissioner dated 25-12-1989 recommending to set aside the order of trial Court dated 25-2-1989-dismissing motion under Sec. 198 (4) Z. A. and L. R. Act.

(2.) The facts are: 28.12.1982 an application by Babu Lal under Sec. 198(4) Z.A. Act and L.R. Act in the Court of Collector, Fatehpur. He pleads allotment in favour of Phul Chand is irregular because he is not a landless agricultural labourer. The land is in use for storage of agricultural implement and for thrashing. The relief to cancel the allotment is prayed for.

(3.) In complete denial is pleading by Phul Chand. He protests on 14-3-1983 saying due process has been followed. Also a rebuttal by applicant of allegations on 22-3-1983. An inquiry report from Tahsildar. On a consideration of material Additional Collector has dismissed the motion on 25-2-1989. Aggrieved by the order a revision by Babu Lal. On 31-7-1991 Additional Commissioner submits a reference to set aside the order of trial Court; to remit the cause for re-disposal in the light of various illuminating observations. The reference dockets here for a definitive decision.