LAWS(ALL)-1988-9-91

RAM SEWAK AND OTHERS Vs. BHAGIRATH ETC.

Decided On September 22, 1988
Ram Sewak And Others Appellant
V/S
Bhagirath Etc. Respondents

JUDGEMENT

(1.) This reference has been made by the Additional Commissioner, Lucknow Division, Lucknow, vide his order dated 8-12-83 for modifying the trial court's order dated 28-9-78 to the extent that the lease holders' lease will be changed into an Asami Patta.

(2.) The facts in brief are that the revisionists. Ram Sewak and others, moved an application to the Collector under Sec. 198 (4) of U.P. Act I of 1951 for cancellation of lease granted in favour of the opposite parties, alleging that the land in dispute was abadi and was in their possession, that the applicants had purchased this land from the Zamindar through a sale deed dated 10-7-82, that Gaon Sabha was neither in possession nor had any title and the grant of lease by it to the opposite parties in respect of the land in dispute was illegal. The allottees filed an objection alleging that the lease was validly granted to them. The trial court rejected the application by order dated 28-9-78.

(3.) I have heard the learned counsel for the revisionists and perused the record. None has appeared for the opposite parties.