PREM CHAND Vs. STATE OF U.P.

JUDGEMENT

(1.) This is a revision against the judgment dated 21-4-86 by which the trial court cancelled the patta. The learned Commissioner by his order dated 10-2-1987 recommended for quashing the aforesaid order.

(2.) Heard the learned counsel for the revisionist and D.G.C. (R) and have also seen the relevant papers on the file.

(3.) The facts of the case are that a lease was granted in 1379 Fasli (1971) for 5.16 acres in village Khajuria. Notice was issued to the revisionist and the trial court has cancelled the patta and held that the lease-holder lived in Lalitpur for more than 15 years and he is not an agricultural labourer but is doing business. Hence he is not an eligible person for granting patta. It is also held that the lease holder lived in Lalitpur whereas the land belongs to village Khajuria. The learned Commissioner has recommended for quashing the aforesaid order on the ground that at the time of grant of patta the lease holder lived in village Khajuria which is evident from Extract K 1 and Ext K 2. It is also pointed out that the business was done in the year 1982. Thus from these facts it is clear that he was not doing any other business and he lived in village Khajuria.