CHAUHARJA AND ANOTHER Vs. DEPUTY DIRECTOR OF CONSOLIDATION, VARANASI AND OTHERS
LAWS(ALL)-1989-11-84
HIGH COURT OF ALLAHABAD
Decided on November 21,1989

Chauharja And Another Appellant
VERSUS
Deputy Director of Consolidation, Varanasi and Others Respondents

JUDGEMENT

B.L. Yadav, J. - (1.) Heard the learned counsel for the petitioner by the impugned order the matter has been remanded to the settlement officer consolidation to decide the validity or otherwise of the compromise. Certain observations have been made m the impugned order by the Dy. Director of Consolidation which might affect the claim of the petitioners on merits. It is made clear that the observations of the Dy. Director of Consolidation about cutting or over-writing including the Oath Commissioner etc, would not be taken into account. The appellate court shall decide strictly on merits without being affected or influenced by any observations made by the Dy. Director of Consolidation on the merits of the case. It is open to the parties to Lead evidence if so necessary.
(2.) With these observations the present petition is disposed of.
(3.) A copy of this order may be given to the learned counsel for the petitioner today on payment of usual charges.;


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