BADRI PRASAD Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against the judgment dated 30-10-1986 of the learned Additional Commissioner by which he dismissed the revision and upheld the judgment of the trial court dated 30-1-1986. The trial court has cancelled the patta.

(2.) Heard the learned counsel for the revisionist and learned D.G.C. (R) and have also seen the relevant papers of the file.

(3.) The facts of the case are that a notice for cancellation proceedings started on 24-11-1963 in respect of an area of 6.25 acres land. In reply the present revisionist contended that, he had no land when the lease was granted and he lived apart from his father. The trial court by its order dated 30-1-1986 has cancelled the patta on the ground that the maximum area in Lalitpur district was 12.50 acres land. The revisionist had 10.45 acres land in his name in verg 4.Aa. This land was in his possession since 1366 and 1368 Fasli (i.e. 1959-60). (It will not be irrelevant to observe here that the period of limitation for acquiring right at that time was six years). Hence it was held that the lease-holder had already 10.45 acres land, hence he was not entitled to get a lease of 6.25 acres. It is also held that at that time his father had 11.54 acres land. On these grounds the lease was cancelled. The learned Additional Commissioner while dismissing the revision held that the lease-holder failed to prove that he lived apart from his father and his father had already land in his name. Apart from this on 22-11-65 by the order of the competent court the lease-holder acquired sirdari rights on the basis of the entry in verg 4-Aa. Thus both the courts below have held that he was not entitled to get the lease on the ground that his father had some land and he was entered in verg 4-Aa.