BABU Vs. MAHABIR AND ORS.

JUDGEMENT

(1.) Pursuant to the order dtd. 21/2/2019 passed by this Court, respondent No. 5-Sri Jai Prakash, the then Sub-Divisional Officer, Malihabad, Lucknow is present before the Court. When his attention was drawn to the observations made by this Court in its order dtd. 21/2/2019, he has been candid in his admission that the suit decided by him vide his judgment and order dtd.. 28/1/2019 could not be decided in the manner in which he decided the same. He has further submitted that the proceedings drawn under sec. 229-B of U.P. Z.A.& L.R. Act are regular proceedings where declaration of rights is sought and as such, these matters could not be decided in cursory and summary manner.

(2.) The manner in which the suit instituted by the respondent No. 1 under sec. 229-B of U.P. Z.A. and L.R. Act has been decided by the impugned order dtd. 28/1/2019 cannot be appreciated. The Trial Court has neither framed issues nor has provided any opportunity of leading evidence to the parties to prove their respective cases. The provisions contained in Code of Civil Procedure has been given a go bye.

(3.) As already observed above by the Court in its order dtd. 21/2/2019, the proceedings under sec. 229-B of U.P.Z.A and L.R Act are regular proceedings where declaration of rights in a holding is decided on the basis of evidence.