SORAN Vs. RAM CHARAN

JUDGEMENT

(1.) THIS is a refer ence arising out of an order dated 1 -2-1991 passed by the Additional Commissioner, Meerut Division, Meerut in Revision No. 54/90-Bulandshahr against the order dated 11-6-1990 passed by the trial Court in original suit No. 31/1989 under Section 176 of the U. P. Z. A. & L. R. Act, recom mending to set aside the order of the trial Court in question along with the entire proceedings in the suit in question.

(2.) BRIEFLY stated, the facts of the case are that a suit under Section 176 of the U. P. Z. A. & L. R. Act was instituted in respect of two Khata Nos. 103 and 249 having plot Nos. 490-Ka, 249, 204-C, 207-C, 425 and 490-C situate in village Shivali pergana Baran, tehsil and district Bulandshahr. Plot No. 426-C was enumerated as Abadi in the plaint. Out of two Khatas, Khata number 103 was in co tenancy of plaintiff- opposite party and revisionist-defendant having 1/2 share each while Khata No. 249 was in co-tenan cy of one more person, Smt. Champa widow of Mohar Singh but the said Mst. Champa was not made a party to the suit. Lots were prepared in the matter twice. Both times, the lots were not accepted. Latest lot was prepared by the Lekhpal on 5-7-1989 which was rejected vide trial Court's order dated 11-6- 1990 which is under challenge and in respect of which the aforesaid recommendation has been made by the learned Additional Commis sioner.

(3.) IN the result, the reference is ac cepted, the revision petition is allowed and the order of the trial Court dated 11-6-1990 is set aside. Revision allowed. .