LAXMI RAJ SINGH Vs. SHEO NARAIN

JUDGEMENT

(1.) This is a revision preferred, against the order, lated 31.1.94 passed by the learned Additional Commissioner, Moradabad division, Moradabad, on a restoration application, dated 25.1.94.

(2.) Brief and relevant facts of the case are that the plaintiff one Tulsia, alias Tulsia instituted a suit under Sec. 229B/209 of U.P.Z.A. & L.R. Act, impleading Laxmiraj Singh as defendant, with the prayer that she be declared is a sole bhumidhar tenant in possession, over the disputed holding, as detailed at the foot of the plaint. During the proceedings of the case, the earned trial court passed an order, dated 10.6.93 on the application, dated 30.11.93 for substitution, after the death of Smt. Tulsiya alias Tulsi D/o Moti lal. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has allowed the revision on 24.9.93. Later on, a restoration application was moved to set aside the aforesaid order, dated 24.9.93. The earned Additional Commissioner has dismissed the aforesaid application on 31.1.94, hence this second revision.

(3.) I have heard the learned counsel for the parties and have gone through the impugned orders of the learned Courts below.