SHEESH RAM Vs. HARBANSH

JUDGEMENT

(1.) RAM Janam Singh, Member. This is a reference made by learned Additional Commissioner, Moradabad Division, Moradabad by his order dated 24-6-1996 passed in Revision No. 58 of 1995-96 recommending that the revision be al lowed; the order dated 30-4-1992 passed by the trial Court be set aside and exchange permitted by trial Court be rejected.

(2.) , Briefly, stated the facts of the case are that Harbansh, who happens to be a co-tenant of plot No. 35 Min area 1-11-5 moved an application for exchange of Gaon Sabha plot No. 36 area 0-4-0 and plot No. 37 area 0-4-5 with his plot No. 35. Cheta Singh and others who are co-tenant of the same plot had moved an application on 24-2-1988 praying that plot Nos. 35 and 36 be exchanged with their land. This ap plication was rejected on 19-1-1989. Ap peal filed by Cheta Singh and others had also been dismissed on 7-12-1989. On 7-12-1991 Harbansh alone moved an ap plication praying for exchange. The learned trial "court on 30-4-1992 per mitted the exchange. Feeling aggrieved by this order. Sheesh Ram filed a revision before the learned Additional Commis sioner from which the present reference has arisen. Revision No. 38 of 1995-96 filed by Sheesh Ram against the order dated 20-7-1994 was rejected by the learned Ad ditional Commissioner as having become infructuous.

(3.) AFTER having considered the matter carefully I am in agreement with the view of the learned Additional Commissioner. Agreeing with the recommendation of the learned Additional Commissioner revision is allowed and the order of the trial Court dated 30-4-1992 is set aside. The application dated 10-12-1991 moved by Harbansh seeking exchange of Gaon Sabha plots with his own plots stands rejected. Revision allowed. .