- (1.) S. R. Lakha, Member. This reference has been made by the learned Additional Commisioner by his order dated 8-6-94 recommending that the revision be allowed and the order of the trial Court dated 5-2-94 be set aside.
(2.) BRIEFLY the facts of the case are that S. D. O. Dhampur on the report of the Tahsildar passed an order that Sant Ram Singh and others were bhumidahrs with nontransferable rights of the land in question. Praveen Singh filed a revision before the learned Additonal Commissioner who has made a reference to the Board for allowing the same. I have heard the learned Counsel for the parties and have gone through the records of the case. The point for consideration involved in the present case whether Sant Ram Singh and others are persons belonging to Scheduled caste and come within the category of landless agricultural labourers, whether they were in possession of the land in question from before 30-6-1985 and whether the land in their possession including the land in question exceeds the prescribed limit. It is also to be considered whether the land which was recorded a 'johar' continues to be so or whether it has lost its character and is being used for agricultural purposes. The learned Additional Commissioner did not consider these points properly and recommended reversal of the judgment of the trial Court on the sole ground that he did not agree with it. In the circumstances of the present case it is necessary that the matter should be sent back to the trial Court for fresh decision on the points involved.
(3.) IN view of the above, partly agreeing with the recommendation of the learned Additonal Commissioner I allow the revision set aside the order dated 5-2-94 and remand the case to it for fresh decision in the light of the observations made above. Revision allowed. .;