RAM VIYAS ETC. Vs. CHANDRA SHEKHER ETC.
LAWS(ALL)-2001-6-17
HIGH COURT OF ALLAHABAD
Decided on June 18,2001

Ram Viyas etc. Appellant
VERSUS
Chandra Shekher etc. Respondents

JUDGEMENT

C.L.VERMA, J. - (1.) THIS revision has been filed against the order dated 1-9-1998 passed by learned Additional Com­missioner, Mirzapur in Revision No. 14/98 arising out of a suit under Section 229-B/176oftheU.P.Z.A.andL.R.Acl.
(2.) BY the impugned order the learned Additional Commissioner allowed the revision partly and returned the case back to the trial Court for decision on merits in the light of the observations made by him in his order. Briefly the facts of the case are that Ram Vyas plaintiff- instituted a suit under Section 229-B/176 of the U.P.Z.A. and L.R. Act on 3-2-1998 before the Assistant Collector, First Class, Sonbhadra, for dec­laration that he is share-holder in plot No.23,212,79, 137-K and 306 situate in village Pusauli and plot No. 8 in village Bichpai, Tehsil Robertsganj, district Sonbhadra. Since the land in question was purchased in the name of defendant No. 1 Bindeshwari by the joint family nucleoas. The suit was contested on various grounds and the rights and title of the plaintiff was denied. On 7-2-1998 S.D.O. passed an in­terim order that the property in question would not bealienated till defendant No. 1 appeared in the Court. It also issued an injunction that nature of the land could no be changed but the Court directed t hat information about this be given to the S.O. and Sub-Registrar concerned. Feeling ag­grieved by this order Chandra Shekher iiic.j a revision before the learned Additional Commissioner which was partly al­lowed. The present revision has been filed by Ram Vyas and others.
(3.) I have heard learned Counsel for the parties and perused the record.;


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