GIRDHARI LAL - (1.) THIS revision has been preferred by LMC Lateefpur Dher Tfehail Gunnaur district Budaun through its Pradhan against Brij-pal Singh, Jagpal Singh etc. against the order passed by the learned Additional Commissioner dated 30-7-9S in which the learned Additional Commissioner has set aside the order of the lower Court dated 25-1-97 in which SDO Gunnaur has or­dered for the entry of plot No. 774.V1 area 1.265 hectare in the name of the Gaon Sabha after deleting the names of he allot­tee Chunni Lal son of Dharam Singh.
(2.) HEARD the learned Counsel for the particsand perused theoriginal file. Both the Counsel have filed their written arguments. It has been contended by the learned Counsel for LMC that proceedings were pending under Section 198 read with Section 190 of the UPZA and LR Act in respect of plot No. 774M area 1.265 hectares. The real allottee had left the village and anther person of the same name with different pancntage has executed a sale-deed without jurisdiction. As soon as it came to the knowledge of the Gaon Sabha, proceedings were stated and impugned order was passed by the learned Additional Commissioner.
(3.) IT has been argued by the learned Counsel for the revisionist that real allot­tee has left the village and in his place another person of different parentage has illegally occupied the land and executed the"sale-deed without any jurisdiction. It was also contended by the learned Counsel for the revisionist that the real lessee has no possession over the land in dispute on the spot and he has extinguished his right and revisional Court has illegally relied on the forged caste certificate which was not produced before the trial Court and as such the same being in admissible and no opportunity has been given for rebuttal of the same. It is also clear from the sale-deed that the sale-deed has been executed by t he imposter playing fraud, parentage of ex­ecutant is different as such the judgment of l he lower Court cannot be sustained.;