CHEDA SINGH Vs. GAON SABHA AND ANOTHER

JUDGEMENT

(1.) This is a reference made by the Additional Commissioner, Allahabad Division, recommending that the revision filed by Cheda Singh against the order dated Dec. 1, 1972 passed by the Tahsildar Akbarpur, district Kanpur in a case under Sec. 122-B, U.P.Z.A. and L.R. Act may be rejected.

(2.) I have heard the learned counsel for the respective parties and have gone through the record.

(3.) The facts of the case are as follows : The Sub - Divisional Magistrate, Akbarpur had taken proceedings under Sec. 145, Crimial P.C. with regard to plot No. 558, area 3 Biswa situated in village Kosam on account of imminent apprehension of breach of peace between two private parties. On the same day, he passed an order that action be taken against the revisionist who was one of the parties under Rule 115-D. The revisionist filed an objection to the effect that Cheda Singh alone was in possession of the land from before abolition of Zamindari and was using it for tying his cattle and for other allied purposes. Thereafter the learned Tahsildar has passed the impugned order ejecting the revisionist Cheda Singh as a trespasser and imposing Rs. 150.00 as damages. This order has been challenged in the present revision.