C.L.VERMA, j. - (1.) THIS reference has been made by the learned Additional Commissioner, Jhansi by his order dated 18-12- 90 passed in revision No. 1/35 of 1989/90 Hamirpur recommending that the revision be allowed, the order of the trial Court be set aside and the case be remanded to it for fresh decision on merits according to law.
(2.) I have heard the learned Counsel for the parties and perused the record. A perusal of the record reveals that the learned trial Court did not deal with all points involved in the case. The main controversy involved in the case was whether the land in question was Khaliyan of Jai Hind Singh or Maiya Deen had also a right to keep his khaliyan therein. It has also to be seen whether any order had been passed by the S.D.O. changing the nature of the land in question. The learned Additional Commissioner after considering the material on record found that the case deserve to be remanded to the trial Court for fresh decision after taking entire material on record into consideration.
(3.) AGREEING with the recommendation of the learned Additional Commissioner I accept the reference, allow the revision, set aside the order of the trial Court and remand the case to it for fresh decision. Revision allowed;