Anjani Kumar Mishra, J. - (1.) HEARD Sri Manish Dev Singh learned Counsel for the petitioner and Sri Rajesh Kumar holding brief of Sri Om Prakash Tripathi learned Counsel for the respondents. This petition has been filed challenging the orders dated 27.8.2014 passed by the respondent No. 1, the Additional Commissioner (Administration), Azamgarh in Revision No. 642/735/A of 2013 affirming the order dated 24.1.2013 passed by the Deputy Collector, Sadar, Azamgarh directing Amaldaramad on the basis of a final order passed in proceedings under section 229 -B of the U.P. Zamindari Abolition and Land Reforms Act.
(2.) THE facts of the case are that one Ram Sagar Singh father and predecessor in interest of respondents No. 13 to 15, filed a suit against one Ahmad Raza and others for declaration regarding fourteen plots having an area 3.256 hectare which was numbered as Suit No. 141 of 1964. This suit was decreed ex -parte and the ex -parte decree was duly recorded in the revenue records. Ahmad Raza filed a restoration application which was allowed on 23.7.1966 and the suit was restored to its original number. Subsequently, one of the defendants Mumtaz Raza died. Since no substitution application was filed, the suit was ordered to abate vide order dated 28.5.1973. Against the order abating the suit, a review application was filed but was dismissed. Thereafter, Ram Sagar Singh preferred an appeal before the Commissioner who allowed the same and remanded the matter back to the Trial Court for a fresh decision.
(3.) AFTER remand, the Trial Court by its judgment and decree dated 20.3.1975 dismissed the suit. The consequential Appeal No. 35 -A/75 filed by Ram Sagar Singh was dismissed on 25.11.1978. This order and therefore, the dismissal of the suit itself, is stated to have become final not having been challenged any further.;