SUMEDHI Vs. DEORAJ PRASAD

JUDGEMENT

(1.) THIS is a Defendant's applied ion under Order 47, Rule 1, Code of Civil Procedure Code, for a review of the judgment and decree rendered in Second Appeal No. 290 of 1960, dated 20 July 1962 by the learned Single Judge who has since retired.

(2.) THE Court of first instance dismissed the suit filed by the Plaintiffs for possession Of a part of plot No. 71(sic) of village Naradar inter alia(sic) on the ground that the allotment of the plot made in favour of, and the Patta granted therefor to, the Plaintiff 2 by the Additional Tahsildar of Gopad Banas was invalid for the reason that, under the provisions of the Vindhya Pradesh Abolition of Jagirs and Land Reforms Act, 1951, the Additional Tahsildar had no power either to make the allotment or grant any Patta for the plot allotted by him. The lower appeal Court accepted the findings that the allotment was made by the Additional Tahsildar and that he granted the Patta Ex. P -1 Even so, it allowed the appeal on the ground that, in its view, the Additional Tahsildar had all the powers of the Tahsildar. It is not now disputed, and the learned Single Judge also held that the Additional Tahsildar had no legal authority to exercise the powers of the Tahsildar. This is what hesitated:

(3.) HAVING heard the counsel, we have formed the opinion that this application must be allowed and the judgment and decree rendered by the Court of first instance restored. In our opinion, the concurrent finding of fact recorded by the two lower Courts that the Patta Ex. P -1 was issued by the Additional Tahsildar had to be accepted, more particularly when it was not even questioned in the first appeal.