STATE Vs. IBRAHIM

JUDGEMENT

(1.) This is a second revision preferred against the judgment and order dated Sept. 8, 1997, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order dated May 4, 1994 passed in a suit under Sec. 229B of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Alla Bax instituted a suit under Sec. 229B of U.P.Z.A. and L.R. Act against the defendants IJ. P. State and Gaon Sabha, concerned, with the prayer that he be declared bhumidhar with transferable rights over the disputed land, as detailed at the foot of the plaint. The learned trial court, after completing the requisite trial, decreed the aforesaid suit on May 4, 1994. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner, by means of his order, dated 8.9.1997, upheld aforesaid order, dated May 4, 1994, passed by the learned trial court and dismissed the revision. Hence this second revision.

(3.) I have heard the learned counsel for the parties and perused the records on file. For the revisionist, it was contended that the judgment and decree, passed by the learned Courts below are wholly illegal and against the provisions of law, that the learned Courts below have not considered the oral and documentary evidence, on record, as such the aforesaid judgment and decree cannot be legally sustained, that the disputed land is recorded as a talab and being public utility land, no right can be conferred upon the plaintiff/O.Ps., that the suit itself is barred under Sec. 49 of U.P.C.H. Act, that disputed holding becomes case under Sec. 132 of U.P.Z.A. and L.R. Act, as such no legal right can be conferred over the disputed land, that the O.Ps. have been recorded over the disputed land as Asami and as such, the status of Asami cannot be changed, that the learned Courts below has not considered the legal aspect of the case and misinterpreted the provisions of Sections 132 and 210 of U.P.Z.A. and L.R. Act and as such the aforesaid impugned Judgment and decree is liable to be set aside.