RAJPAL SINGH Vs. ATAR SINGH

JUDGEMENT

(1.) This is a revision, preferred against the judgment and order, dated 23.7.87 passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order dated 9.9.86, passed by the learned trial court 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 Rajbali Singh, instituted a suit under Sec. 229B of U.P. Z.A. and L.R. Act impleading one Atar Singh, U. P. State and the Gaon Sabha concerned as the defendants, with the prayer that he may be declared as sole bhumidhar with transferable rights over the disputed land as detailed at the foot of the plaint. The learned trial court, after completing the requisite formalities, decreed the aforesaid suit on 30.4.86. Later on a restoration application was moved on behalf of one Dilawar Singh to set aside the aforesaid alleged ex parte order, dated 30.4.86. On 30.7.86, an application was also moved on behalf of one Anoop Kumar s/o Dharam Singh for impleadment as well as restoration. On 9.9.86, the learned trial court allowed the aforesaid restoration application and set aside the alleged ex parte order, dated 30.4.86. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has also dismissed the aforementioned revision ; hence this second revision.

(3.) I have heard the learned counsel for the parties and have also perused the relevant papers on file.