KALU Vs. GAON SABHA

JUDGEMENT

(1.) This is a revision against the order of the Additional Commissioner, Meerut Division, Meerut dated 21-3-1980 dismissing the revision against the order dated 27-1-1979 of Tahsildar Budhana in a case under Sec. 122-B of U.P. Act No. 1 of 1951 directing the revisionist to file a regular suit for declaration of his title.

(2.) The facts of this case are that the lekhpal made a report to the Tahsildar that the revisionist had made encroachment on the disputed land which is Gaon Sabha property. A notice was issued to him to show cause. His defence was that the disputed land had been given to him and his son by the L.M.C, on allotment and both of them were put into possession, hence his possession was not illegal.

(3.) The trial court by its order dated 27-1-1979 found that the allotment had been made in favour of the revisionist and his son but the allotted land was rasta and could not be allotted to any one. The Tahsildar, therefore, stayed the proceeding and ordered the revisionist to file a regular suit for declaration of his title even though he came to the conclusion that it was not proper to eject the revisionist under Sec. 122-B of U.P. Act No. 1 of 1951. A revision preferred against that order was dismissed, hence this revision.