MATA SARAN Vs. BRIJ LAL

JUDGEMENT

(1.) This revision by Mata Saran is against the order of Additional Commissioner dated 5-6-1981 affirming the order of trial Court dated 30-9-1980 - an order cancelling the allotment in an action at law under Sec. 198 (4) Z. A. and L. R. Act.

(2.) The facts are : On 2-12-1978 Brij Lal moves an application under Sec. 198 (4) Z. A. Act in the Court of Additional Collector, Allahabad. The assertion la that he is in possession of land but lately Mata Saran had tried forcibly to seize it saying he has got a lease from Land Management Committee. But it is result of pretentious action in concert with previous Chairman, Land Management Committee. The allottee is not an agricultural landless labour; he has more than 3.125 acres of land. Some land is with his sons. The lease is wholly irregular because no resolution was passed, no proclamation was issued and no permission of Sub-Divisional Officer had been taken to validate it. The relief to cancel the allotment is prayed for.

(3.) In outright denial is objection by Mata Saran filed on 20-2-1979. It is alleged in respect of this land a Civil Suit No. 82 of 1977 is going apace between them. Consequently this Court has no jurisdiction to try this case. That he is landless and has no land exceeding 3.125 acres. That he was allotted land on 23-10-1966 in accordance with the process adhered to try by Land Management Committee. Also his name has been entered in revenue records. Also against him a case No. 730 under Sec. 198 (2) Z. A. Act was filed ending in his favour by order dated 29-11-1969. The lease declared in all respects completely valid. Hence second action at law after that decision is barred by principle of res-judicata. This time he has grown wheat crop which is ready for harvesting. The applicant is not in possession and has no concern whatsoever. The relief to dismiss it is prayed for. An affidavit to supplement various allegations.