RAKESH Vs. SMT. GANGA DEI

JUDGEMENT

(1.) This is second appeal, preferred against the judgment and order, dated 15.3.93, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and order, dated 13.8.91, passed by the learned trial court in a proceeding, initiated under Sec. 186 of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the proceedings under Sec. 186 of U.P.Z.A. and L.R. Act were initiated upon the report of Lekhpal/Secretary L.M.C./Gaon Sabha, Shahbazpur Dor, in respect of the plot No. 1148, admeasuring 1.263 acres, against one Harpal. The learned Tahsildar concerned, by means of its order, dated, 18.5.91, has declared the aforesaid plot as abandoned property under Sec. 186 of U.P.Z.A. and L.R. Act and ordered the name of Harpal to be expunged from the aforesaid plot and has also directed to the effect that the name of the Gaon Sabha be recorded over the disputed land. Aggrieved by this order, a restoration application along with an affidavit was moved on behalf of Smt. Ganga Dei to the effect that she is heir to the aforesaid Harpal who had died about 3 months ago that the deceased, Harpal had left behind him six nephews who were minors and she is the legal heir to the deceased, Harpal, as such, the aforesaid order, dated 18.5.91 be set aside, the case be restored and the fresh notices be issued to the legal heir and representative of the deceased, Harpal. On 13.8.91, the learned trial court (Tahsildar concerned) has allowed the aforesaid restoration application and restored the case. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has upheld the aforesaid order dated 13.8.91. passed by the learned trial court and dismissed the appeal : hence this second appeal.

(3.) I have heard the learned counsel for the parties and have perused the impugned orders passed by the learned Courts, below.