MAHENDRA SINGH Vs. KHUSHAL SINGH

JUDGEMENT

(1.) This is a revision preferred against the judgment and order dated 26.6.1997, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and order dated 2.9.1996, passed by the learned trial court, during the pendency of the suit under Sections 229B/209 of U.P.Z.A. & L.R. Act on the amendment application.

(2.) Brief and relevant facts of the case are that the plaintiff one Khushal Singh alias Khushali Ram, instituted a suit under Sections 229B/209 of U.P.Z.A. & L.R. Act, against the defendants, Man Singh and others, impleading the U. P. State and the Gaon Sabha as necessary parties, with the prayer that the plaintiff be declared as bhumidhar with transferable rights over the disputed land, as detailed at the foot of the plaint and the names of the defendants 1 to 4 be expunged. Later on, an impleadment application was moved by the plaintiff which was allowed by the learned trial court on 2.9.1996. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has dismissed the aforesaid revision and upheld the aforesaid order, passed by the learned trial court, vide the order, dated 26.6.1997. Hence, this second revision.

(3.) I have heard the learned counsel for the parties and have also gone through the impugned orders, passed by the learned Courts below.