LAWS(ALL)-1998-12-111

RAMPAL SINGH Vs. CHETRAM SINGH

Decided On December 22, 1998
RAMPAL SINGH Appellant
V/S
Chetram Singh Respondents

JUDGEMENT

(1.) THIS is a ref­erence dated 6-6- 1 997 made by the learned Additional Commissioner, Moradabad Division, Moradabad in respect of a Revision No. 58 of 1996-97/Moradabad, arising out of an order dated 27-2-1996 passed by the learned trial Court in a suit under Section 161 of U.P.Z.A&L.R. Act.

(2.) BRIEF and relevant facts of the case are that an application for exchange of holding was moved by the plaintiff one Chetram Singh. The learned trial Court after completing the requisite formalities and examining the records, (overlooking the relevant provisions of law) has illegally allowed the aforesaid application for ex­change on 27-2-1996. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has made this reference for setting aside the aforesaid order dated 27-2-1996 passed by the learned trial Court. Written objection has been filed on behalf of the opposite-party, Chetram Singh.

(3.) FOR the revisionist it was submitted that this reference be accepted and the revision be allowed as per the recommen­dation made by the lean, 'd Additional Commissioner.