SITA YADAV Vs. RAM NATH

JUDGEMENT

(1.) This is a reference made by Sri V.S. Verma, learned Additional Commissioner, 1st, Varanasi Division, Varanasi vide his order dated 28.10.1987 recommending to allow the revision, set aside the order dated 2.4.86 passed by learned Additional. Collector Ghazipur and to remand the case to the Additional Collector for deciding the case on merits.

(2.) The facts of this case have been described in detail in the order dated 28.10.1987 hence there is no need to repeat the same here again.

(3.) I have heard the learned counsels appearing on behalf of the respective parties. The learned counsel for the revisionist has pressed to accept the recommendations of the learned Additional Commissioner, Varanasi and to set aside the impugned order dated 2.4.1986 and remand the case to the Trial Court to decide the case on merits. He urged that the application dated 11.10.1983 for cancellation of patta of the opposite parties was well within time as per the amended Act and the limit was extended upto 10.11.1987 and the revision was pending on this date which is the continuation of suit.