A.U. Khan, J. - (1.) The facts are : This Bench of three Members is constituted under the orders of Hon'ble Chairman, Board of Revenue, dated 26-8-1993 to consider and finally decide the question involved hereon ; this arising on a reference dated 22-5-1985 by the Hon'ble Member Dr. Parmatma Singh. The raging controversy confronts in this manner.
(2.) Gaon Sabha has filed second appeal Nos. 119/120/1975-76 Mainpuri ; this was docketed for final disposal before referring court. When hearing in appeal was on a legal precedent : 1573 R.D. 73 is cited by respondent to buttress a point in defence ; a law suit under Section 209 ZA and LA Act is unsupportable in law at the instance of Gaon Sabha in case allottee refuses to vacate possession following cancellation of an allotment. He finds the opinion suspect and thence a reference to Bench to 're-think' and resolve. The Hon'ble Member has formulated the following points for consideration. (i) Whether after cancellation of lease granted by LMC to a person, proceeding under Section 122-B of Act I of 1951 can only be drawn for recovery of possession of Gaon Sabha land from the person continuing in possession over the Gaon Sabha property ? (ii) Whether after the cancellation of a lease granted by the LMC a suit under Section 209 of Act I of 1951 can also be filed for delivery of possession from the person still in possession over Gaon Sabha property ? (iii) Whether after cancellation of the lease by the LMC a proceeding under Section 122-B of the Act I of 1951 or a suit under Section 209 can be filed for recovery of possession from a person continuing in possession over the Gaon Sabha property ?
(3.) The question raised are open ; the Bench in session. Heard the counsel for the parties ; the judicial record under perusal.;