SMT. JASRASI DEVI Vs. RAM SUNDER

JUDGEMENT

(1.) This is a reference made by the learned Additional Commissioner, Varanasi Division, Varanasi by his order dated 19.6.1995 passed in Revision Petition No. 16 of 1991/Mirzapur recommending that the revision petition be allowed and the order dated 13.11.1991 passed by the trial court be set aside and the allotment made in favour of the opposite party be cancelled.

(2.) Briefly stated, the facts of the case are that Smt. Jasrasi Devi moved an application under Sec. 198 (4) of the U.P.Z.A. & L.R. Act on 20.12.1990 alleging that the allotment made in favour of Ram Sunder, opposite party was illegal and be cancelled. Ram Sunder filed objection stating that the allotment had been made in 1973 ; that the proceedings for cancellation of the lease were time-barred ; that he has planted trees on the land and has got constructed a house and that the application filed by Smt. Jasrasi Devi was liable to be dismissed. The trial court rejected the application of Smt. Jasrasi Devi as time-barred. Feeling aggrieved by this order, Smt. Jasrasi Devi filed a revision before the learned Additional Commissioner from which the present reference has arisen.

(3.) I have heard the learned counsel for the parties and have also perused the record of the case.